On November 20, 2019, the National Assembly of the Socialist Republic of Vietnam passed Labor Code No. 45/2019 / QH14. This Code takes effect from January 1, 2021, replacing Labor Code No. 10/2012 / QH13. Accordingly, the 2019 Labor Code takes effect from January 1, 2021.
The 2019 Labor Code has some notable new points as follows:
1. Expand the scope and object adjustment
If the Labor Code 2012 stipulates labor standards; rights, obligations, responsibilities of employees, employers … in labor relations and other relations directly related to labor relations, the Labor Code 2019 extends to more subjects is a person who does not have an employment relationship and has a number of separate standards.
2. Increase the retirement age to 62 for men and 60 for women
The retirement age for employees under normal working conditions is adjusted according to the roadmap until they reach full 62 years for male workers in 2028 and 60 years for female employees by 2035.
From 2021, the retirement age for ordinary employees is 60 years and 03 months for men; full 55 years 4 months for women. After that, every 3 months increased by male employees; 04 months for female employees.
Particularly for people with reduced working capacity; doing heavy, hazardous, dangerous or extremely heavy, toxic or dangerous jobs or jobs or working in areas with exceptionally difficult socio-economic conditions may retire before 05 years of age .
Compared to the current Labor Code 2012, the retirement age of employees has increased significantly; At the same time, for specific jobs, the retirement before the age is also stipulated more clearly.
3. Increase the National Day holiday to 2 days
In addition to the increase in retirement age, notably, Article 112 of the amended Labor Code also adds one more day of the year on the day immediately adjacent to the National Day, which may be September 1 or September 3. depending on the year. Workers are entitled to leave from work and full pay.
4. Eliminate seasonal labor contracts
Article 20 of the amended Labor Code has removed the content of a seasonal contract or a job with a term of less than 12 months, instead of only two types of contracts: an indefinite-term labor contract and Definite term employment contract.
This provision is considered a great progress of the labor law to protect employees, limiting the situation that employers do not pay social insurance for employees by signing various types of seasonal contracts. , service…
5. Recording of the form of electronic labor contract
Stemming from practice, with the development of science and technology, the conclusion of labor contracts is not merely in writing, words or acts. Therefore, Article 14 of the new Labor Code has also recorded the form of concluding labor contracts through electronic means with the value of a written labor contract.
In addition, where the two parties agree on a different name but there is content showing the paid work, wages and the management, administration and supervision of one party, it is still considered a labor contract. dynamic.
6. The employee may unilaterally terminate the contract without cause
In order to overcome the limitations and inadequacies from the application of unilateral cases of termination of employees’ contracts, Article 35 of the Labor Code 2019 gives employees the right to unilaterally terminate contracts unreasonably. because only 30 days are required for a definite term contract and 45 days for an indefinite term.
New points of the Labor Code in 2019 are considered to supplement many laws to protect and increase the rights of workers, as the institutionalization, views and policies of the Party on creating a legal framework on labor to quickly develop human resources, especially high-quality human resources, to enhance national labor competitiveness.