|Original name:||Bô luât Lao Dông|
|Name:||Labour Code (No. 45/2019/QH14).|
|Subject(s):||Labour codes, general labour and employment acts|
|Type of legislation:||Law, Act|
|Entry into force:|
|Bibliography:||Legislation on-line Ministry of Labour, Invalids and Social Affairs. PDF of Unofficial English Translation (consulted on 2020-10-13)
Legislation on-line Ministry of Construction, Viet Nam PDF of Law in Vietnamese (consulted on 2022-05-04)
|Abstract/Citation:||The 2019 Labor Code revokes the 2012 Labor Code. The 2019 Labor Code expands the scope of application to "workers without labour relations" defined as workers who work without an employment contract. It also broadens the definition of Employee to "a person who works for an employee under an agreement, is paid, managed and supervised by the employer."
The Code also modifies the type and content of labour contracts and provides more bases for both employers and employees to unilaterally terminate labour contracts. The main changes are the following:
- WAGES, HOLIDAYS & HOURS OF WORK: The monthly overtime cap is increased from 30 to 40 hours. There is to be an additional national holiday implemented. Concerning wages, employers are still required to set up salary schemes and consult with employee representative organisations. However, the schemes no longer require registration and notification with the labour authorities.
- TERMINATION OF EMPLOYMENT: The Code recognises sexual harassment at the workplace as an additional ground for dismissal.
- MIGRANT WORKERS: For foreign workers, the new Labour Code limits the term of work permits to a maximum of two years, which may be extended for a further two years. However, after this, migrant workers will need to apply for a new work permit.
- RETIREMENT: Retirement age is to be increased to 60 years for female workers and 62 for males. Exemptions apply for workers working in hazardous conditions.
- FREEDOM OF ASSOCIATION: The Code recognises the right of employees to set up their own representative organisations.
CHAPTER I - General Provisions
CHAPTER II - Employment, Recruitment and Employee Management
CHAPTER III - Employment Contracts
CHAPTER IV - Vocational Training
CHAPTER V - Social Dialogue, Collective Bargaining and Agreements
CHAPTER VI - Salaries
CHAPTER VII - Working Hours and Rest Periods
CHAPTER VIII - Labour Discipline and Material Responsibility
CHAPTER IX - Occupational Safety and Health
CHAPTER X - Provisions Applicable to Female Employees and Assurances of Gender Equality
CHAPTER XI - Exclusive Provisions concerning Minor Employees and Certain Types of Employees
CHAPTER XII - Social Insurance, Health Insurance and Unemployment Insurance
CHAPTER XIII - Representative Organisations of Employees
CHAPTER XIV - Settlement of Labour Disputes
CHAPTER XV - State Management of Labour
CHAPTER XVI - Labour Inspection and Action Against Violation of Labour Laws
CHAPTER XVII - Implementation Clauses