Legal Provisions for the Protection of Employees in Labor Relations.

different, but here are some conditions that I personally think are common today, which are:

- Wage arrears. This phenomenon is not rare but rather common. Wage is the amount of money that employees receive when they have spent their labor to do certain work for the employer, it represents the value of labor. Wages must ensure the ability to regenerate labor and ensure the living needs of employees. Along with other incomes, wages are the financial source to support employees and their families.

With such importance, wages must be paid to workers on time, on time and in the right amount. The current situation of wage arrears for workers is still common. During the subsidy period, some enterprises, due to losses and inefficiencies, paid wages to workers with the products they produced, which violated the provisions of the labor law on wage payment to workers. In the current market economy, when non-state economic sectors develop strongly, creating jobs for the majority of workers, it also means that violations of the obligation to pay wages are increasing. Workers are still owed wages at the end of the month, and their wages are even not paid for three consecutive months. Especially in private enterprises, business owners have many measures and many reasons to owe wages to workers. While the law prohibits the deduction of wages from employees and penalizes labor discipline by deducting wages, many employees have their wages deducted due to being fined for a certain violation. This situation occurs more often in foreign-invested enterprises, followed by private enterprises.

- Workers are insulted in their honor and dignity. The market economy has brought great achievements to the economy, but its negative side is not small. The labor sector is also affected significantly, when

but there is a large force that has to sell their labor by working for hire.

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The owners of production and business establishments have full authority to decide and arrange work for these employees, which leads to the contempt of some employers for workers. They can insult the honor of workers in many ways, especially in 100% foreign-owned enterprises, when there are differences in language or ethnic differences, foreign bosses have abused Vietnamese workers. We cannot forget the image of a Korean expert holding a shoe and hitting Vietnamese workers in the face because they did not do the job properly. In addition, due to the need for work and income, workers always accept the situation of being forced to work overtime, or in other bad working conditions such as not ensuring occupational safety and hygiene, high work pressure, working without minimum conditions, such as being forced to work in the rain, not being allowed to go to the toilet while working... These violations are common in 100% foreign-owned enterprises, which is also the reason why labor conflicts leading to worker strikes in this area are increasing.

- In enterprises, especially non-state enterprises, business owners have the right to fire employees at any time. They believe that employees are just employees, when the labor market is always full of employees who need jobs, when needed, they can go to job referral centers, or even just post recruitment notices at their headquarters, they will have the right to choose. Because of such urgent job needs, many employees have been deceived when looking for jobs from job brokerage centers. That is the situation where, in order to have a job, employees have to pay a certain amount of money for referrals from these centers. Then, when there is contact between the employee and the employer, the employee loses another amount of money called the cost to pay the center when there is a job, this fee depends on the income of the employee and will be paid when working.

Another common phenomenon that is being applied to workers is the form of deposit when working. This form is used by some businesses.

applied with the purpose of protecting the rights of employers, limiting violations of labor obligations of employees, preventing the possibility of employees quitting their jobs before completing their work, or terminating their employment will cause difficulties for businesses when recruiting new employees. In a market economy, employees have the right to freely choose their jobs, have the right to sign labor contracts with many different employers, so in many cases, employees suddenly terminate their labor contracts with employers in violation of the law, causing difficulties for employers in recruiting and training new employees to replace their positions, causing economic losses such as training costs for new employees.

.. In many cases, workers accept to work in a certain enterprise just to gain experience or to learn a trade. When they find a better job, they are willing to leave their old position. This is the driving force for production development, and creates competition between employers in recruiting experienced, capable and qualified workers, as well as applying preferential treatment to workers. However, this also reflects the lack of discipline and lack of understanding of the law of workers.

The negative aspect of the deposit form that is currently being colluded by some job brokerage centers and some businesses, doing illegal business is: The center introduces workers to businesses that are in need of recruitment, after completing the recruitment work, workers who want to work at the company must pay a sum of money called a deposit, in the deposit contract there are conditions for workers to receive this deposit as well as not receiving it if they violate a certain condition and will be fired. There are many cases where workers have paid a deposit to the business but they are not arranged a job, still have to wait for work without any explanation from the employer. There are cases where workers are assigned work that is too much, or not suitable for their expertise, prolonging the time of work... during that working time, with those

For very small violations, they can be fired without getting their deposit back, or after the probationary period they are not hired because they do not meet the job requirements, or some businesses take the employee's deposit to pay the employee's salary, when the deposit is gone, the labor contract ends due to the employee's violation...

The exploitation of workers' labor is also very common, in many forms such as forcing workers to work overtime without complying with legal regulations. Increasing work pressure by setting strict targets that are beyond the capacity of workers. Or using labor in the form of apprenticeship, training, vocational training... After this time, workers are not hired to work as previously promised.

Workers have many grievances, they do not want much, they only want to find a stable job with a reasonable income to ensure family life, that is a legitimate desire. But under the current pressure on employment, their rights are being violated from different directions with many reasons and causes, their desire to be protected is completely legitimate.

CHAPTER 2. CONTENT OF LAW PROTECTING LABORERS.

2.1. PROVISIONS OF THE LAW PROTECTING EMPLOYEES IN LABOR RELATIONS.

2.1.1 Employment and employment security

2.1.1.1 Concept of employment

Definition of employment according to the International Labor Organization (ILO): employed people are those who do something for pay, profit or payment in kind, or those who engage in self-employment activities for profit.

From a socio-economic perspective, employment can be understood as activities that create, bring benefits and income to workers, and employment is an individual activity but is always associated with society and recognized by society.

From a legal perspective, Article 13 of the Labor Code stipulates that employment is any labor activity that generates income and is not prohibited by law and is recognized as employment.

Employment is always an issue of concern to each individual and society, because employment is closely linked to labor, is the place to create a source of income to ensure the life of workers, promote economic and social development. Therefore, employment is always of concern to workers and the State, because associated with this issue is unemployment, a situation in which some people in the labor force want to work but cannot find a job. Unemployed people are people of working age, capable of working, currently unemployed and looking for a job. Currently, the unemployment problem is becoming urgent in our country, especially the unemployment rate among young people (15-35) tends to increase, especially for students and recent graduates due to incorrect career orientation, and partly because the training problem in our country is not closely linked to reality.

Therefore, job creation is not only meaningful to workers, but also meaningful to the economic development of the country, reflecting the economic growth rate through the unemployment rate, and the social order and safety situation. Ensuring employment is required when the demand for jobs is greater than the supply of jobs, when unemployment tends to increase.

Ensuring employment for workers is not only to protect the interests of workers but also to protect employers in maintaining stable, regular work, stable production and business, thereby stabilizing the country's economy. The issue of ensuring employment for workers is not only regulated by Vietnamese law, but it is of interest to many countries with separate laws on this issue such as: Japan has a law on employment stability in 1847. The United States has a law on employment and vocational training (1973); China has a decree on employment subsidies (1996). Even in the Chinese Labor Law (1994), a separate chapter (Chapter II) is prescribed on the issue of promoting employment and ensuring

secure employment

Employment security has been given attention by the Vietnamese Labor Code and is regulated in Chapter II of the 1994 Labor Code, which was amended and supplemented in 2002. In addition to the provisions in the Labor Code, when converting from a centralized, subsidized mechanism to a market mechanism, the risk of unemployment due to the conversion is increasingly high, especially the reduction of staff in administrative agencies. The restructuring of state-owned enterprises has led to a large number of redundant and unemployed workers. To solve this problem, the Government has issued many legal documents to address the above situation, especially Decree 41/CP dated April 11, 2002 on employment for redundant workers in state-owned enterprises, which was amended and supplemented by Decree 155/CP dated August 10, 2004. At the same time, to implement the provisions of the Labor Code in the field of employment, the Government issued Decree 72/CP dated October 31, 1995 detailing and guiding the implementation of a number of articles of the Labor Code on employment. After the Labor Code was amended, the Government also issued Decree No. 39/2003/ND-CP dated April 18, 2003 on this content and replaced the above Decree 72/CP.

In addition to the provisions of labor law on employment and job security, the issue of employment in general and job settlement is also mentioned quite a lot in other laws such as the Enterprise Law; State Enterprise Law; Law on encouraging domestic investment; Law on foreign investment in Vietnam...

2.1.1.2 Contents of labor law protecting employees in employment

To protect workers in the field of employment, the Labor Code has provisions to protect workers in the following aspects:

- Equality in employment: The Labor Code stipulates: “Everyone has the right to work, freely choose a job and career, learn a trade and improve their professional qualifications, without being discriminated against based on gender, ethnicity, social class, or religious beliefs” (Clause 1, Article 55 of the Labor Code). This is an affirmation of the right to work and the freedom to choose a job of the employee. Specifically

The enshrinement of a constitutional principle stipulated in Article 5 of the 1992 Constitution of the Socialist Republic of Vietnam "Labor is a fundamental right and obligation of citizens", this is also completely consistent with the principle of freedom of employment of international labor law.

- Right to choose employment: Employees have the right to work for any employer and in any place that is not prohibited by law. Job seekers have the right to directly contact to find a job according to their wishes, abilities, professional qualifications and health (Clause 1, Article 16 of the Labor Code). Recognizing this also means "Prohibiting mistreatment of employees, prohibiting coercion of employees in any form" (Clause 2, Article 5 of the Labor Code). This principle aims to protect the rights of employees in employment in relation to employers of higher status.

- Encourage all activities that create jobs and support job creation. Clause 3, Article 16 of the Labor Code stipulates that “All activities that create jobs, self-employment, vocational training and apprenticeship to create jobs, all production and business activities that attract a lot of workers are encouraged, facilitated or assisted by the State”. However, in the competitive conditions of the market economy, there are some disadvantaged groups in the issue of finding jobs, as well as working, who need to be protected by the State in the process of working and finding jobs, such as underage workers, disabled workers, female workers... The State has support policies for the above groups to ensure fair employment for them and create the ability to work so that they can ensure their own lives.

* Develop employment strategies over time. To ensure the basic rights of citizens, including the right to work, the State must create all conditions for citizens to exercise their rights. To fulfill the State's obligations to citizens in the field of employment, the State must have plans to create new jobs in socio-economic development plans over 10-year, 5-year and annual periods. The Government will establish a national employment program and investment projects for socio-economic development throughout the country. People's Committee

People of provinces, centrally run cities and local employment funds

Coordinate to build employment strategies in their localities, implement employment programs with state agencies and social organizations...

To develop and implement national programs on job creation, the Government assigned that task to the Ministry of Labor, War Invalids and Social Affairs as a specialized agency. The Ministry of Labor, War Invalids and Social Affairs has had specific job creation programs implemented through stages and achieved certain results: For example, in the period from 1998 to 2000, nationwide, 2.6 million jobs were created, of which 75% of jobs were created by socio-economic development programs such as hunger eradication and poverty reduction; and new economic zone construction programs.

.In the 5 years from 1996 to 2000, new jobs and additional jobs were created for 6.1 million workers, stable jobs were created for 23.5 million workers and 2.2 million more workers were attracted in the agriculture-forestry-fishery sector, and the service sector attracted 2.3-2.4 million workers. (Employment strategy for the period 2001-2010 announced by the Ministry of Labor, War Invalids and Social Affairs in August 2000)

In 2004, implementing the national employment strategies, we created jobs for 1.490 million people nationwide, reaching 103.8% of the annual plan; reduced the urban unemployment rate to 5.6%, and increased the rate of using rural labor time funds to 79% (Source: Annual summary report of the Ministry of Labor, War Invalids and Social Affairs).

* Regulations on the responsibility of enterprises towards employees: enterprises are the places where most employees come to work, changes in the organization and operation of enterprises will greatly affect employees in particular and the country's economy in general. Therefore, Article 17 of the Labor Code stipulates that "in case of changes in structure or technology, employees who have worked regularly in the enterprise for 12 months or more lose their jobs, the employer is responsible for retraining them to continue to use them in new jobs; if not resolved

If you have a new job and have to let the employee go, you have to pay unemployment benefits.

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