Tiếng Việt1. Governing scope of the Labor Law (Article 1)
The Labor Code regulates labor standards; rights, obligations and responsibilities of employees, employers, representative organizations of employees at grassroots, representative organizations of employers in labor relations and other related relations directly to labor relations; State management of labor.
To understand this scope of regulation, we need to clearly analyze the following concepts and contents:
Within the scope of regulation, the Labor Code stipulates:
A. Labor standards
According to the ILO definition of international labor standards: International labor standards are legal documents prepared by ILO tripartite partners (government, employers and workers) and passed, stipulating basic principles and rights in labor. These standards can come in the form of Conventions – legally binding international treaties that member states can ratify, or as Recommendations – which are non-binding guidelines. .
Thus, it can be understood that labor standards are normative documents stipulating principles, rights and obligations of parties in labor relations.
B. Rights and obligations:
– Employee: means a person who works for the employer under an agreement, is paid a salary and is subject to the management, administration and supervision of the employer. (Clause 2, Article 3 of the Labor Code 2019)
– Employer: means an enterprise, agency, organization, cooperative, household or individual that hires or employs employees to work for them as agreed upon; In case the employer is an individual, he/she must have full civil act capacity. (Clause 2, Article 3 of the Labor Code 2019)
– Employee representative organization at the grassroots level is an organization established on a voluntary basis of employees at an employer unit for the purpose of protecting the legitimate rights and interests of employees. employees in labor relations through collective bargaining or other forms as prescribed by the labor law. Organizations representing workers at grassroots include grassroots trade unions and workers’ organizations at enterprises (Clause 3, Article 3 of the Labor Code).
Employer’s representative organization is a legally established organization that represents and protects the legitimate rights and interests of the employer in labor relations (Clause 4, Article 3 of the Labor Code 2019).
So, how are rights and obligations understood?
According to the textbook General Theory of State and Law of Hanoi Law University: rights and obligations are the content of the legal relationship to the subjects participating in that legal relationship.
* Subject rights are the ability of the subject to be treated in certain ways that are permitted by law. Subject rights include:
– Can perform certain actions on their own, also known as self-discipline. Subjects by their own actions conduct the behavior prescribed by law in order to achieve their own interests
– May require the other party of the legal relationship to perform certain acts to fulfill the exercise of his/her rights, request the other party to stop certain acts if he thinks that such acts obstruct the exercise of their legal rights and obligations.
– Can request competent state agencies to protect their legitimate rights and interests when they are infringed.
Thus, when participating in a relationship, the subject always has all three of the above rights and whether to use them or not depends on the subject’s will.
Obligation of the subject is a behavior that the subject is forced to perform according to the provisions of law in order to meet the exercise of the rights of other subjects.
Legal obligations include the need to deal with:
– Must carry out certain activities
– Must refrain from doing certain activities
– To take legal responsibility when acting in contravention of the provisions of law
Rights and obligations in a legal relationship always have a reciprocal relationship. The rights of one party are obligations to the other party and vice versa.
In addition, Labor Relations: is the social relationship arising in the hiring, use of labor, and payment of wages between employees, employers, representative organizations of the parties, agencies and organizations. competent state. Labor relations include individual labor relations and collective labor relations (Clause 5, Article 3 of the Labor Code 2019).
Thus, the scope of regulation of the 2019 Labor Code, which governs rights (to perform by oneself, to request the other party, to request state agencies) and obligations (must conduct, must refrain from doing so). perform, must be legally responsible), responsibilities (must do) of employees, employers, representative organizations of employees at grassroots, representative organizations of employers in labor relations (hiring, employing, paying wages) and other relationships directly related to the employment relationship; State management of labor.
2. Social relations directly related to labor relations
Social relations directly related to labor relations are those arising from labor relations, attached to and having a direct influence on labor relations regulated by labor law. These relationships include:
2.1. Damage compensation relationship
In practice, most of the compensation relationships are governed by civil law, but there are also compensation relationships in some areas that are covered by other laws. During the implementation of the labor relationship for various reasons, there may be a violation of this subject causing damage to property, life, health, .. with the other subject in the labor relationship. , then there will be a relationship of compensation for damage governed by the labor law. Thus, the damage compensation relationship in the labor law is the compensation for material damage when there is a violation of one subject causing damage to the other subject during the labor process and due to the labor law. adjust.
2.2. Insurance relationship in the field of labor
Employees while performing labor relations may encounter risks such as illness, maternity, labor accidents, job loss, etc., and then themselves (in some cases, their relatives). their families) may face difficulties and have needs for income protection, job protection, etc. The protection for employees in the above cases is carried out in many different forms, including: Insurance is the main form.
In fact, the insurance relationship is binding on the legal rights and obligations of the parties in the field of labor, including: social insurance, health insurance, unemployment insurance. The insurance relationship in the labor field includes many constituent relationships such as: insurance collection and payment, financial and insurance management relationships, organizational relationships of the insurance apparatus, etc. Labor law is mainly concerned with the obligations of the subjects (the state, the employer, the employee) in the formation of financial sources for insurance and payment, to be implemented when an insurance legal event arises. Therefore, insurance relationships in the labor field are relationships formed during the process of contributing, creating funds and paying insurance and are regulated by labor law and social security as related relationships. to labor relations.
2.3. Labor dispute resolution relations
Although the labor relations governed by the labor law are established on the basis of voluntary agreement, due to various objective and subjective reasons, in the process of exercising labor rights and obligations, between the parties of labor relations may have disagreements, disputes over rights and interests. If this conflict cannot be negotiated or settled by themselves, the parties have the right to bring the dispute to a competent agency or organization for settlement, giving rise to a labor dispute settlement relationship, which is the relationship between the parties. the subject has a labor dispute with individuals and organizations competent to settle such disputes. However, depending on the nature and scope of the dispute, the system of agencies, organizations and individuals and the order and procedures for settling labor disputes may be different.
2.4. Strike relations and strike settlement
Strike is a common phenomenon in the market when there is a conflict of interest between the labor collective and the employer that, after having gone through the prescribed procedures, but their requests are not approved by the employer. accept. At that time, to achieve their claims, the labor collective often used economic pressure to strike. Thus, the strike relationship is the relationship between the subjects of the labor relationship during the strike process.
During and after the strike, the parties have the right to request the competent authority (acute people’s court and equivalent) to settle. Therefore, the strike settlement relationship is the relationship between the agency competent to settle the strike and the labor collective or their representative and the employer during the strike settlement process.
2.5. State management relations on labor
State management of labor relations is the relationship between competent state agencies and subjects of labor relations in the field of implementation, inspection and handling of violations of the labor law. The purpose of this relationship is to ensure that the labor relationship is developed stably and harmoniously in order to prevent and promptly prevent violations to ensure the interests of the parties in the labor relationship and the common interests of the employees. society. The Labor Law regulates this labor relationship through stipulating a system of state management agencies in charge of labor, functions, tasks, powers, contents of state management activities, order, penalties for violations of labor law.
