+ Advise workers on Labor Law and regulations related to the use of GTVL services, on the possibility of financial assistance to help them with the cost of training workers to meet skill requirements and recruiting specific workers...
On labor market information activities
With this activity, the GTVL organization can carry out through many different contents such as:
- Receive information from customers. For this activity to be effective, the GTVL organization needs to:
+ Information on labor needs and requirements for businesses. GTVL organizations need to clarify which industry and profession employees want to work in, salary levels, working conditions, etc.
+ Information on the need to recruit how many workers, professional structure, gender, trained profession, requirements for the people to be recruited such as: age, health conditions, marital status...
+ Information from the characteristics of the job, of the job seeker, of the apprentice. For this information, it is necessary to clarify the profession, trained profession, location, training time, characteristics of each profession, trained profession, learning results, working ability... of the job seeker. For apprentices, it is necessary to pay attention to the time of cultural study and the professions previously trained.
+ Information about the characteristics of the enterprise. This is information about production and business characteristics, technological chain, labor structure, management apparatus, position of the enterprise, competitiveness...
- Tasks to be carried out during and after receiving information:
+ Introduce job applicants by immediately notifying the establishments that need to recruit workers, the list of workers... and introducing the establishments
The establishment needs to recruit workers by notifying the workers of the establishments that want to recruit workers that meet their initial requirements...
+ Determine the number of people and facilities that need to be introduced. This is one of the important steps of the GTVL organization. The organization needs to clearly determine who to introduce to the employer and how many to introduce. At the same time, it also clearly determines which labor recruitment facilities to introduce to the employees and how many facilities to introduce...
Currently, information activities on the labor market are carried out in many different forms. One of the popular and developing forms is organizing "job fairs". This is the most important, effective and productive form of information to bring businesses with recruitment needs and job seekers together. Businesses are invited to display and introduce positions and jobs that need to recruit people, job seekers are consulted through the display of the business and can ask necessary questions to the representatives of the main business in that area. Job fairs provide a forum for job seekers and employers to contact each other directly.
In addition, labor market information activities are also carried out through many other forms such as: Through information exchange; through meetings, thematic discussions; through consulting, introduction boards, remote information via telephone networks, Fax, Internet, etc.
Training and vocational training activities
The current labor market requires many different occupations. Therefore, the GTVL organization needs to carry out vocational training activities. This activity is carried out in many different forms, specifically:
- Providing apprentices and information about apprentices. When requested to perform this activity, the GTVL organization will carry out tasks such as: Announcing apprenticeship recruitment, which must clearly state the time and location.
recruitment; Carry out recruitment preparation work according to the agreement with vocational trainers; Provide information about those needing vocational training to vocational trainers.
- Provide information on labor market needs for various occupations. The purpose of this is to enable trainers and vocational teachers to identify plans, vocational training orientations, training types; modify training content, programs, teaching equipment, etc.
To do this well, the GTVL organization needs to regularly contact and have close relationships with businesses and statistical information agencies on the labor market to obtain accurate information; Analyze, process information and exchange with trainers and vocational teachers; Solve jobs for those who have completed vocational courses; Provide vocational trainees according to the address used by trainers and vocational teachers; Contact businesses to find information on labor needs and advise them on accepting workers who meet the needs of the business; Register jobs for those who have completed vocational training and find jobs for them; Contact other localities to solve jobs for students after training.
Thus, to complete the above tasks and achieve high results, it requires the staff of the GTVL organization to be qualified, have a deep understanding of the mechanisms, policies and documents of state management agencies related to labor - employment, career information, must have basic knowledge in the field of labor - employment and be regularly updated with information.
2.1.4. State management of job placement organizations
2.1.4.1. The necessity of state management for public service organizations
State management is an organized and legally regulated activity, through agencies in the State apparatus, to regulate social processes and behaviors of citizens and all social organizations, in order to maintain social order and develop society according to set goals.
Thus, it can be understood that state management of public service organizations is the organized and regulated impact by state power on the process of organizing and implementing public service activities of public service organizations to achieve set goals.
In the conditions of a socialist-oriented market economy, job creation is not only the responsibility of the State, but also the responsibility of enterprises and the whole society. In that context, the existence and development of the GTVL organization is an objective necessity, stemming from the demands of the market economy.
According to current legal regulations, the public service organizations include state-owned public service organizations and private public service organizations. If public service organizations are allowed to operate "freely", it will lead to unfair competition and disorganized fee collection, which will cause damage to the rights of employees and employers, violate issues related to social ethics, and negatively affect fairness and social development. Therefore, state management of public service organizations is an objective necessity, arising from practical requirements. Furthermore, the existence of state management of the GTVL organization will contribute to promoting healthy development of labor relations, limiting and eliminating negativity, promoting the development and improvement of the labor market, creating more jobs for workers through major socio-economic policies and programs, creating favorable conditions for employers to expand production, recruit more workers and have more opportunities to improve labor quality.
2.1.4.2. Management content for GTVL organizations
Based on the above requirements, state management of public service organizations includes the following contents:
- Research, develop, promulgate, guide and organize the implementation of legal documents regulating the organization of public services.
- Develop and implement national programs on employment, vocational training associated with employment, and sending workers to work abroad.
- Organize scientific research on employment and employment services, information on the labor market.
Scientific research content needs to be conducted regularly, the purpose is to evaluate the current status of GTVL organization's operations, on that basis to propose solutions to improve the organization and operation of this entire system.
- Inspect and examine the implementation of legal and sub-law documents on the organization of public services, and handle violations of the law.
The issue of inspection and examination of the implementation of legal documents related to the organization and operation of the GTVL organization is currently extremely necessary, in order to direct the GTVL activities in accordance with the provisions of current law. This issue is currently assigned to the inspection department of the Ministry of Labor - Invalids and Social Affairs and the local Departments of Labor - Invalids and Social Affairs.
- Expand international cooperation with countries and international organizations in the field of GTVL.
2.1.4.3. Management tools
State management of public service organizations based on legal documents, mechanisms and policies
Legal documents, mechanisms and policies related to the organization of public service provision have an impact on and regulate the relationships formed in the activities of public service provision provision organizations according to the goals set by the State through incentives and sanctions. Based on these documents, the network of public service provision provision organizations is formed and developed in accordance with the goals set by the State in each period.
The highest document with regulations on the organization of public service provision and orientation for public service provision activities is the amended and supplemented Labor Code. Other sub-law regulations such as Government Decrees: Decree 19/2005/ND-CP, Decree No. 43/2006/ND-CP, Decree 116/2003/ND-CP, Decree 204/2004/ND-CP, Decree No. 02/2001/ND-CP, Decree No. 39/2003/ND-CP...; Circulars of Ministries and branches such as Circular No. 20/2005/TT-BLDTBXH, Circular No. 71/2006/TT-BTC... These legal documents all impact and regulate the relationships in the activities of public service provision organizations, aiming to develop the activities of these organizations in accordance with the State's orientation.
In the process of implementing state management, if new relationships arise that need to be promptly adjusted by the State, the State will amend, supplement and perfect the above-mentioned legal and sub-law documents.
State management of public service organizations through the management apparatus
The state management apparatus for the organization of public services has the function of planning, organizing the implementation and inspecting the implementation of legal documents, sub-law documents, mechanisms and policies on the organization of public services in order to put these documents into practice. The organization of the state management apparatus for the organization of public services includes vertical state management, local and territorial state management.
Regarding state management of vertical vocational training organizations, according to Article 18 of the Labor Code, it is stipulated that: "The Ministry of Labor, Invalids and Social Affairs shall perform state management of vocational training organizations".
To specify the Labor Code, Article 23 of Decree No. 19/2005/ND-CP stipulates: "The Ministry of Labor, Invalids and Social Affairs shall perform state management of the field of employment nationwide".
To carry out the above tasks, the Ministry of Labor, Invalids and Social Affairs has Departments, Bureaus, General Departments, and Institutes to assist, mainly: Department of Labor - Employment; Department of Legal Affairs; Department of Overseas Labor Management; General Department of Vocational Training; Inspectorate; Institute of Labor Science.
Department of Labor, Invalids and Social Affairs and some other Departments [19]. In addition, there are also Departments of Labor, Invalids and Social Affairs responsible for managing vocational training organizations in the province, centrally-run cities managing vocational training organizations according to their territories.
In addition, the law also stipulates: In case of receiving complaints and denunciations from organizations and individuals about GTVL activities. Ministries, ministerial-level agencies, government agencies, and provincial People's Committees, within the scope of their duties and powers, have the right to resolve complaints and denunciations and handle violations according to the provisions of law [17].
Thus, state management of vocational training organizations is very necessary to ensure that vocational training organizations operate in accordance with the goals set by the State, contributing to solving employment for workers, as well as meeting the increasing demands of the labor market in Vietnam today.
2.2. CURRENT STATUS OF APPLYING LABOR LAW ON JOB PLACEMENT ORGANIZATIONS
2.2.1. Current status of applying labor law to job placement centers
2.2.1.1. About facilities
When it comes to the facilities of a vocational training center, first of all, we must mention the location of the center, then the factory, office, and equipment inside including tables, chairs, filing cabinets, documents, information storage cabinets, computer systems, factories, machinery serving vocational training activities... Currently, due to the increasingly developed level of science and technology, the centers need computer systems, printers, faxes, photocopiers, software systems for management and information storage... In other words, these are 2 of the 4 mandatory conditions for establishing vocational training centers.
When it was first established, due to its narrow function, mainly vocational training activities, the issue of technical facilities was not paid attention to, simply including tables, chairs, filing cabinets, and information. Currently, due to the demands of the labor market and the development of science and technology, vocational training centers have received attention from localities and the State Budget, along with financial resources created by the centers themselves, so the centers have made appropriate investments in facilities, specifically:
- About the location of the GTVL center:
In recent years, the centers have received attention from localities and socio-political organizations, and favorable conditions have been created in terms of location and location for the centers to operate. According to the survey results at the end of 2003 by the Ministry of Labor, War Invalids and Social Affairs, up to 61.65% of the centers were located in the center of the province or city, of which up to 47.94% were located on the street; of the 38.35% of the centers located outside the center of the province or city, up to 81.25% of these centers were located on the street [55, p. 11]. The Departments of Labor, Invalids and Social Affairs and districts, towns, cities under the province, the Central Youth Union, export processing zones, industrial parks are units with many centers located on the road and in the center of the province, city, convenient for the center's activities. Besides, there are some centers in remote areas, some centers right in Hanoi city still have to rent locations with very limited usable area such as: Veterans Association's Promotion Center...
- About usable area:
The land use area of economic centers also has significant differences, specifically [55]:
Table 3.2: Land area of the center in economic regions
(Unit: m 2 )
STT
Economic zone | Average land area/ | The largest land area of | The smallest land area of |
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Center | 1 TT | 1 TT | ||
1 | Northeast | 16,910.42 | 153,812 | 530 |
2 | Northwest | 1,754 | 3,075 | 787 |
3 | Red River Delta | 23,583.8 | 220,310 | 100 |
4 | North Central Coast | 5,964.4 | 33,821 | 23.2 |
5 | South Central Coast | 9,844.1 | 60,000 | 300 |
6 | Central Highlands | 2,333.7 | 5.301 | 200 |
7 | Southeast | 4,279.4 | 20,707 | 200 |
8 | Mekong Delta | 48,733.8 | 928,734 | 88.6 |