Employment Law: Advancing Workers' Rights Protection
25/11/2024 08:42 AM
On November 9, at the National Assembly House, continuing the 8th Session, the National Assembly listened to the Presentation and Review Report on the draft Law on Employment (amended). Vice Chairperson of the National Assembly Nguyen Thi Thanh chaired the meeting.
According to UN’s Department of Economic and Social Affairs Sustainable Development Active labour market policies are especially important to promote job creation through support for hiring professionals, training opportunities, internships, employment prizes, conversion awards and developing measures for entrepreneurship and self-employment.
Presenting the Report on the draft Law on Employment (revised), Minister of Labour - Invalids and Social Affairs (MOLISA) Dao Ngoc Dung said that the proposal to develop a dossier for the Law on Employment (amended) stems from the requirement to institutionalize the 2013 Constitution, the Party's guidelines and policies and the State's policies on human resource development, job creation, labour market, and reform of unemployment insurance policies as stipulated in the Resolution of the 13th National Congress of Delegates, Resolution 28-NQ/TW dated May 23, 2018, of the 12th Central Committee of CPV on reforming social insurance policies, Resolution No. 42-NQ/TW dated November 24, 2023, of the 8th Conference of the 13th Central Committee of CPV on continuing to innovate and improve the quality of social policies, meeting the requirements of national construction and defense in the new period and related Resolutions and Directives.
The amendment of the law ensures consistency and coherence within the legal system, especially concerning newly revised laws (such as the 2019 Labor Code, the 2020 Residence Law, the 2020 Law on Vietnamese Employees Abroad under Contracts, and the 2024 Social Insurance Law). It also aligns with standards, practices, and commitments in the employment sector that Vietnam has joined, such as the United Nations Conventions on the Elimination of All Forms of Discrimination Against Women, the Rights of the Child, the Rights of Persons with Disabilities, and the conventions of the International Labor Organization (ILO) and other international commitments Vietnam is a part of.
At the same time, the draft Law also ensures the consistency and synchronization of the legal system, especially for newly amended and supplemented Laws (Labour Code 2019, Law on Residence 2020, Law on Vietnamese Employees Working Abroad under Contracts 2020, Law on Social Insurance 2024 ...); consistent with international standards, practices, and commitments in the field of employment that Vietnam participates in such as the United Nations Convention on the Elimination of All Forms of Discrimination Against Women; Convention on the Rights of the Child, Convention on Persons with Disabilities, Conventions of the International Labour Organization and international commitments that Vietnam has participated in. Moreover, the draft Law overcomes shortcomings and limitations in the provisions of the Law on Employment on job creation support, labour market information, employment services, vocational skills development, and assessment, granting of vocational skills certificates, unemployment insurance, and labour registration; meeting the requirements of improving the capacity and effectiveness of State management in the field of employment, promptly responding and adapting in the context of population aging, the 4.0 industrial revolution, solving issues related to sustainable employment, and labour resource management.
Introducing new contents in the draft Law on Employment (amended), the Minister said that the draft Law had institutionalized the goal of solving sustainable and quality employment, developing human resources, and supporting the development of the labour market of the Documents of the 13th National Congress of the Party, Resolution No. 42-NQ/TW; the contents of reforming unemployment insurance policies of Resolution No. 28-NQ/TW. Sticking to 4 policy groups in the proposal to develop the Law project were approved by the National Assembly in Resolution No. 89/2023/QH15. Synthesizing the recommendations of National Assembly Deputies and voters on the field of employment; Reviewing limitations, difficulties, and inadequacies arising in the summary of the implementation of the 2013 Law on Employment, and assessing the current status of related social relations. Review international treaties and commitments related to the employment sector.
Compared to the Law on Employment (2013), the draft Law on Employment (amended) has some major amendments and supplements with 4 policy groups: Flexible, effective, modern, sustainable, integrated, and concentrated labour market management; Perfecting unemployment insurance policies as a tool for labour market management; Developing vocational skills, improving the quality of human resources; Promoting sustainable job creation.
Reviewing this content, Chairperson of the NA’s Committee for Social Affairs Nguyen Thuy Anh said that the NA’s Committee for Social Affairs agrees with the necessity, objectives, and guiding views for the drafting of the Law on Employment (amended) as stated in Report No. 676. However, implementing innovative thinking in the work of law-making, it is recommended that the Drafting Agency continue to review the provisions of the draft Law: only stipulate in the Law the contents under the authority of the National Assembly, not legalize the provisions under the authority of the Government, ministries, and sectors.
The assessment of the Draft Law dossier ensures that all components are sufficient according to the provisions of the Law on Promulgation of Legal Documents. The NA’s Committee for Social Affairs recommends that the Drafting Agency continue to thoroughly and comprehensively evaluate new policies; absorb and thoroughly explain comments and fully supplement draft documents on stipulating detailing and guiding the implementation of the Law.
The Chairperson of the NA’s Committee for Social Affairs proposed that the Government continue to specifically assess and clarify: the financial impact of building a labour market information system; connectivity, and roadmap for connectivity with other databases related to labour and employment. At the same time, it is necessary to define the authority and scope of collecting, synthesizing, and managing labour information between the sector of labour - invalids and social affairs and the statistical agency as well as clarify the deadline for announcing and disseminating the results of collecting, analyzing, and forecasting information on the labour market.
In Portugal, in order to increase employment in the economy of the sea by 30%, Portugal commits to adopt and implement a plan to support job creation and entrepreneurship in the economy of the sea by 30% by 2030. This plan will have a focus on blue economy and the specificities of maritime sectors, including internships and practices on board of ships of conventional registration.
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Sickness
Work Injury and Occupational Disease
Survivor’s
Old-age
Maternity
Unemployment
Medical (Health Insurance)
Certificate of coverage
VSS - ISSA Guidelines on Social Security