Protecting Vietnamese workers working abroad under contract - Current situation and solutions

Tung "Protection of migrant workers in Southeast Asia", Pham Hong Thai - Vu Cong Giao "International legal framework for the protection of migrant workers".

As the specialized management and governing body for the protection of Vietnamese workers working abroad under contracts, the Ministry of Labor, War Invalids and Social Affairs has conducted many scientific research projects and organized many seminars on this issue: Report on the situation of loans for overseas labor export in countries in the North African and Middle Eastern regions, 2011; Report on the situation of Vietnamese workers working in Malaysia , 2009; Policy Dialogue Workshop on protecting the rights of female workers working abroad , Hanoi...

Realizing the importance of protecting Vietnamese workers working abroad under contracts, many authors have paid attention, studied and researched from many different perspectives such as: Doctoral thesis in economics: "Developing Vietnamese labor export in international economic integration" , 2010 - Author: Nguyen Tien Dung, Ho Chi Minh City National University

- University of Economics and Law; Graduation thesis: " Current situation and solutions for labor export in Vietnam" , 2010 author: Vu Thi Van; Graduation thesis: "Vietnam's labor export - current situation and prospects 2010" , 2003 author: Le Van Tung,... These studies mainly study labor export activities in Vietnam, reflect the current situation of legal regulations in the activities of sending workers to work abroad and propose many measures to improve the law on sending workers to work abroad.

As we know, labor export is a hot topic, on many mass media there are many articles and commentaries on this issue, however, up to now the number of comprehensive research works,

Maybe you are interested!

There are very few in-depth studies on the issue of protecting Vietnamese workers working abroad under contracts at each stage of the migration process. Therefore, the choice of this topic is quite new, having both theoretical value and practical significance as a necessary and scientific supplement to the Law on Vietnamese Workers Working Abroad under Contract.

3. Research purpose and tasks of the thesis

- Purpose:

Overview of the law on protecting Vietnamese workers working abroad under contracts, research on Vietnamese legal regulations on protecting workers working abroad in each stage of workers working abroad to find out problems and shortcomings to propose measures to improve the law on protecting workers working abroad under contracts to meet the requirements in the integration period.

- Mission:

To achieve the above purpose, the tasks of the Thesis are:

+ Research the theoretical basis of protecting Vietnamese workers working abroad under contract: Concept of workers working abroad under contract and protection of workers working abroad under contract, Necessity of protecting workers working abroad under contract, law on protecting workers working abroad under contract, brief history of Vietnamese law on protecting workers working abroad under contract.

+ Analyze and evaluate the current status of legal regulations and practical application of laws to protect Vietnamese workers working abroad under contracts in each stage of the migration process, what progress has been made and what problems still exist.

+ Propose measures to improve legal regulations and ideas

Resolution on the implementation of laws to protect Vietnamese workers working abroad under contracts

4. Theoretical basis and research methods

The thesis is researched based on the application of the basic viewpoints of our Party and State as well as legal regulations on protecting workers in general and protecting Vietnamese workers working abroad under contracts in particular and the viewpoint of Marxism-Leninism. The author uses the method of analysis and systematization throughout the process of implementing the topic to evaluate and comment on legal regulations as well as legal practices on protecting Vietnamese workers working abroad under contracts. In addition, the thesis also uses the method of comparison, statistics, and historical methods to evaluate the development, progress as well as the remaining limitations of legal regulations and practical application of principles.

5. Scope of the Thesis

The thesis mainly focuses on theoretical issues on protecting Vietnamese workers working abroad under contracts, the current status of regulations and implementation of laws on protecting Vietnamese workers working abroad under contracts in each stage of the process of working abroad; recommendations for improving legal regulations and measures to ensure the implementation of laws on protecting the rights of Vietnamese workers working abroad under contracts.

6. Theoretical and practical significance of the Thesis

The approach of the topic and the research direction of the topic have certain contributions to the legislative and executive research on the protection of Vietnamese workers working abroad under contracts, especially in the integration period.

- Research results can be used as documents for students and pupils' research.

- The research results can also be used as reference material for researchers, policy makers and those interested in Vietnamese workers working abroad under contract.

7. Structure of the Thesis

In addition to the Introduction, Conclusion and References, the content of the Thesis includes 3 chapters:

Chapter 1: Theoretical issues on protecting workers working abroad under contract

Chapter 2: Current status of laws on protecting Vietnamese workers working abroad under contracts

Chapter 3: Perfecting the law on protecting Vietnamese workers working abroad under contract

Chapter 1

THEORETICAL ISSUES ON PROTECTING WORKERS WORKING ABROAD UNDER CONTRACTS

1.1. Concept of workers working abroad under contract and protection of workers working abroad under contract

In the context of integration and globalization today, international labor migration has become one of the major issues of the era. According to estimates by United Nations agencies, there are currently nearly 200 million migrant workers in the world, accounting for about 3% of the global population, and this number is still increasing along with the development of population and the ability to solve employment of each country.

Migration for work contributes to the dynamism of economic activities of the world in general, the national economy in particular, as well as for many workers and families. However, it also contains many difficulties and challenges that governments and migrant workers everywhere have to face. This is an injustice of global scope, because migrant workers are a force that has made and is making great and undeniable contributions to the economy and social prosperity of both the receiving country and the country of origin [22, p. 3]. To have the most general view of protecting workers working abroad under contract, we will first find out what workers working abroad under contract are, how to classify and what are the characteristics of workers working abroad under contract.

1.1.1. Workers working abroad under contract

There are many terms used to refer to workers who go abroad to work.

such as “migrant workers”, “labor migrants”, “employment migrants”,

“workers going to work abroad under contract”... and over time,

Views of international organizations and countries on migrant workers

Working abroad also has many changes and additions. Each country

different then the recognition of a person as a worker working abroad

outside is also different.

Concept of workers going to work abroad for the first time

provided for in Article 11 of ILO Convention 97 of 1949, when the ILO used

use the term employment migrants to refer to this group of people. Accordingly,

An employment migrant is understood to be a person who migrates from one country to another.

another country to seek employment including any person recruited

long-term use as an employment migrant. This concept

does not include: workers crossing borders, artists and

freelance professional who comes to work in another country for a period of time

short-term workers and seafarers. With that explanation, the ILO considers workers

The movement to work abroad is quite broad, not raising the issue of whether immigrants have

nationality or not, whether the movement needs to originate from the country of origin or not,

Living and working abroad is temporary or permanent.

Because of such a general and general concept, it has caused

management and protection of workers working abroad during the period

This is more difficult and in practice difficult to implement because of nationality issues.

not set. Because nationality is a legal status that represents the relationship between citizens of a certain state, nationality allows workers working abroad the right to be protected by the state of their nationality when participating in labor relations with foreign elements.

Inheriting and promoting the concept of ILO, in 1990, the United Nations specified the concept of workers going to work abroad in the International Convention on the Rights of Migrant Workers and Members of Their Families (Abbreviation: MWC). The United Nations calls workers going to work abroad

In addition to being a “migrant worker”, a “migrant worker” is defined as a person who has been, is doing or will be doing a remunerated activity in a country of which he or she is not a national (Article 2.1 of the MWC).

This concept affirms that working abroad is a process from preparation for departure, on the way to abroad, during the time working abroad and even after working abroad. Workers working abroad are not only those who are working abroad but also those who are preparing, on the way to abroad, and those who have returned home, these are also the subjects that need to be protected. This concept has helped international organizations and related countries easily propose appropriate measures to protect workers for the period.

The United Nations concept has mentioned the issue of nationality of workers. Stateless people, who are not bound by legal obligations and enjoy the protection of a country, are not considered as workers working abroad. Working abroad here is understood as working in a country of which the worker is not a citizen.

The United Nations also believes that the purpose of migration to another country of workers must be to find work and receive salary in another country for a certain period of time. The view that the purpose of finding work and receiving salary in another country is to exclude those who migrate abroad for other purposes such as studying, researching, traveling, avoiding disaster, doing charity, etc., thereby providing the most appropriate protection measures for this group of people. Determining the working period of workers abroad is also to exclude those who go to work and settle abroad.

Based on the legal status of residence and work, the United Nations

has divided workers working abroad into two categories:

legal migrant workers (or legal migrant workers) and workers

undocumented migrant workers (or illegal migrant workers), including

Legal migrant workers are those who are allowed to enter a country,

stay and get a paid job in that country, while the worker

Illegal immigration is not granted the same rights. To clarify

The concept of migrant workers , the United Nations also lists and defines

Who are considered migrant workers and who are not?

considered migrant workers based on the nature of their occupation. Accordingly, those

The subjects considered as migrant workers (Article 2, Clause 2 of MWC) include 8 types: Border workers, Seasonal workers, Seafarers (including fishermen), Workers working at an offshore construction site, Itinerant workers, Project workers, Specialized workers, and Self-employed workers.

Persons who are not considered migrant workers (Article 3 MWC) include:

There are six main types: Persons sent or recruited by international agencies and organizations, or persons sent or recruited by one State to another State to perform official functions, whose recruitment and status are regulated by general international law or specific international agreements or conventions; Persons sent or recruited by or on behalf of a State abroad to participate in development and other cooperation programs, whose admission and status are regulated by agreement with the State of employment and under which agreement they are not considered migrant workers; Persons permanently resident in a State other than their State of origin for the purpose of working as investors; Refugees and stateless persons; Students and trainees; Seafarers or offshore installations who are not admitted to reside and engage in a remunerated activity in the State of employment.

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