Article 2022

Perfecting the law on sanctioning administrative violations in terms of labor in Vietnam – an approach from the perspective of ensuring employees’ rights

BiLD Law Journal
Journal · Vol. 7 · Issue 2 · pp. 403-408
Abstract

Labor relations are established by law as an equal civil relationship between the parties. However, given its own characteristics, the employee is often the weaker party compared to the employer. On that basis, employees often face the risk of being infringed upon their legitimate rights and interests by their employers. In order to minimize this risk and ensure equality in labor relations, from the point of view of law implementation of state organizational activities, the author explains the theoretical bases and content of the legislative regulations on sanctioning organizational violations in the field of labor in Vietnam. Thereby, proposing some solutions to improve the law on sanctioning organizational violations in this field from the perspective of ensuring the rights of workers. © 2022 BiLD Law Journal. All rights reserved.

Keywords

Author Keywords

labor sanction organizational violations workers’ rights

Index Keywords

Author Affiliations
Faculty of Law, Binh Duong University, Thú Dấu Một 820000, Binh Duong, Viet Nam
Faculty of Law, Đại học Mở Thành phố Hồ Chí Minh, Ho Chi Minh City, Viet Nam
Funding & Acknowledgements
No funding information
References 10 References
1 United Nations Universal Declaration of Human Rights, (1948)
2 Constitution of the Socialist Republic of Vietnam, (2013)
3 undefined
4 Penal Code no 100 2015 Qh13
5 Penal Code Amendment Law no 12 2017qh14
6 Law on Handling of Organizational Violations no 15 2012 Qh13
7 Amended Law on Handling of Organizational Violations no 67 2020 Qh14 Was Promulgated on November 13 2020 and Takes Effect from January 1, (2022)
8 Decree 145 2020 ND CP Guiding the Labor Code on Labor Conditions and Labor Relations
9 Decree 12 2022 ND CP on Sanctioning of Organizational Violations in the Field of Labor Social Insurance Vietnamese Workers Working Abroad Under Contracts
10 Decree 28 2020 ND CP Stipulating Penalties for Organizational Violations in the Field of Labor Social Insurance Sending Vietnamese Workers to Work Abroad Under Contracts
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Document Identifiers
  • EID 2-s2.0-85144975834
  • Language English