Protect social security rights, improve labor quality, and meet current international labor standards

17/10/2024 09:20 AM


Protecting the rights of employees in the fight and prevention of forced labor is considered a central content in national legal policies to improve working conditions for employees. In recent years, Vietnam has consistently implemented policies to protect workers' rights and enhance labor training in order to meet current international labor standards.

In recent years, joining new-generation Free Trade Agreements (FTAs) has been a trend of countries around the world. Participation in FTAs, on the one hand, has brought member countries favorable opportunities in creating driving force for socio-economic development, expanding export markets, and creating jobs for employees, improving people's material life, etc. On the other hand, with non-commercial commitments (such as on environment, labor, public procurement, etc.), member countries must make changes in legal regulations to meet the requirements and demands from these FTAs.

Illustrative image (MOLISA)

Particularly for the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in the field of labor, the issue of labor rights and protection of employees' rights has been recognized in Chapter 19 of the CPTPP Agreement1. This FTA did not introduce new labor rights but it only reiterated the labor rights stated in the 1998 Declaration with eight core conventions (Core/Fundamental Convention) of the International Labor Organization (ILO), widely accepted on a global scale. Accordingly, each party adopts and maintains the rights set forth in the ILO Declaration on Fundamental Principles and Rights at Work2 in its laws and regulations as well as in the implementation of such laws and regulations in its country. This declaration has identified four fundamental principles and rights of employees, corresponding to the four pairs of core ILO conventions.

Although there are different names such as core labor standards, fundamental principles and rights, internationally recognized labor standards recognized labor standards, human rights labor conventions, the basic international labor standards have been developed by the ILO, reflected in its conventions, which are considered core conventions on employees' rights, valid for all member countries, especially for ratifying countries.

In essence, the basic international labor standards are regulations on working conditions established in certain forms as the basis for the construction and operation of labor relations. The basic international labor standards are introduced with different political, economic and social purposes. But the main driving force is to promote the improvement of working conditions and the implementation of basic principles of the Law on Labor3. Countries that have ratified conventions and recommendations or not can still transform the spirit of the ILOs documents into their national legislation, with the aim of protecting employees' legitimate rights and interests and creating conditions for building progressive, harmonious and stable labor relations.
The CPTPP was formerly known as the Trans-Pacific Partnership Agreement (TPP)4. Like the previous TPP, the CPTPP affirms its obligations as a member of the ILO, including those outlined in the 1998 ILO Declaration relating to labor rights in the its territory and recognizes that labor standards may not be used for trade protectionism purposes of employees' representative organization is a major movement in the world, appearing in Europe at the beginning of the nineteenth century when the employees had a need to be protected against the power of the employers and they were aware of the value of collective strength6. At the national level, employees may establish one or more of their representative organizations, depending on the extent to which the freedom of association of employees is recognized by national law. In countries that do not support to political pluralism, there is often a single type of organization representing employees. In contrast, in countries that favor pluralism, there are often different types of organizations representing different groups of employees. On the international level, the representative organizations of employees have the right to join the representative organizations of employees in the region and at the international level7. Thus, it can be seen that the labor representative organizations were born from the actual need to protect the legitimate rights and interests of employees. The recognition and protection of employees through representative organizations in different countries depend on the political regime, legal policies, and socio-economic conditions of each country.

The ILO stipulates the right to organize in the Convention No.87 on Freedom of Association and Protection of the Right to Organise Convention and the Convention No.98 on Right to Organise and Collective Bargaining Convention. Accordingly, the ILO recognizes that employees and employers have the right to participate in the establishment and membership of trade unions, in accordance with their charter of trade unions to promote and protect their interests. The Convention No.87 provides: (i) Employees and employers, without distinction of any kind, do not have to ask for prior permission but still have the right to organize and join organizations of their choices, with the only condition which is to comply with the organization's own charters (Article 2); (ii) Employees' and employers' organizations have the right to establish their own charters and management rules, freely elect their representatives, organize the administration of their activities, and draw up their program of activities. The competent authorities must avoid any interference of a nature that would restrict that right, or impede the lawful exercise of that right (Article 3). In general, the right to form and join trade unions is voluntary of employees.

In international law, forced or compulsory labor is any work or service that a person is forced to do under the threat of any penalty and that the person does not voluntarily perform. The laws of most countries in the world say that forced labor is an illegal form of labor that is prohibited and eliminated by law. All forms of forced labor are condemned, violations of the law on forced labor can be handled, and subjects who violate the provisions of the law on forced labor can be held legally responsible at different levels.

Protecting the rights of employees in the fight and prevention of forced labor is considered a central content in national legal policies to improve working conditions for employees. It shows that the abolition of forms of forced labor is the efforts of countries in building a progressive, harmonious and stable labor relations on the basis of respecting the legitimate rights and interests of the parties involved Labor relations, in line with international standards, are one of the bases for maintaining the political and social stability of the country - a prerequisite for promoting economic development and attracting FDI foreign investment. And that is even more meaningful in the current international context, when the basic international labor standards are highly valued, humanism values, human rights, and rights of employees are focused and considered mandatory regulations, not indispensable in new generation FTAs, including the CPTPP that member countries commit to and implement.
In order for the protection of employees' rights to meet the requirements, according to the Basic International Labor Standards of the CPTPP, it requires the participation of many different actors. The subjects responsible for the implementation of this mission can be the State through competent state agencies, organizations representing employees, employers and employees themselves. In which, it can be seen that the main actors are the State and the employers.

For the State, this is the central subject, the State has the function and obligation to protect social relations by promulgating legal norms and applying protection regulations according to certain legal procedures for violations of the law18 in order to ensure social relations in an intentional "order" of the State. Therefore, for the protection of employees' rights, the State will play an important and decisive role. 
Currently, along with the process of extensive international economic integration, Vietnam has signed and joined many new-generation FTAs. One of the agreements that will have a great impact on the socio-economic development of Vietnam in the near future is the CPTPP. This is considered a "comprehensive and progressive" free trade agreement with strict standards, which not only deals with traditional trade areas but also regulates non-commercial and non-traditional issues, in which there are Basic International Labor Standards in the field of labor with the aim of protecting employees' basic labor rights, in the spirit and content of the 1998 ILO Declaration, with the foundation of eight fundamental and core conventions of this organization which are "referenced" by CPTPP member countries and are binding on member countries.

This requires that the protection of employees' rights in the provisions of the laws of the member countries of the CPTPP in general and Vietnam in particular must be compatible, consistent and responsive to the basic international labor standards mentioned in this agreement, which becomes more necessary than ever.

 

PV