Tiếng ViệtSubjects of application of the Labor Code include: (Article 2 – Labor Law 2019)
1. Employees, apprentices, apprentices and employees who do not have an employment relationship.
2. Employers.
3. Foreign workers working in Vietnam.
4. Other agencies, organizations and individuals directly related to the labor relations.
To better understand the object, we need to understand the concepts:
1. Employees, apprentices, apprentices and employees who do not have an employment relationship.
– Employee is a person who works for the employer under the agreement, is paid a salary and is subject to the management, administration and supervision of the employer.
– Apprenticeship to work for the employer means that the employer recruits people for vocational training at the workplace. Vocational training duration according to the training program of each level as prescribed by the Law on Vocational Education. (Clause 1, Article 61 of the Labor Code 2019).
Thus, an apprentice is understood as a person recruited to train a profession at the employer’s workplace.
– Vocational training to work for the employer means the employer recruits people to guide work practice, practice jobs according to the job position at the workplace. Vocational training period shall not exceed 3 months. (Clause 2, Article 61 of the Labor Code 2019).
Thus, an apprentice is understood as a person recruited for a job position and guided by the employer to practice work for that position.
– Persons who work without an employment relationship are those who work not on the basis of employment under a labor contract.
2. Employer
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)
3. Foreign workers working in Vietnam.
Foreign workers working in Vietnam are foreign nationals (foreign nationality is the nationality of a country other than Vietnamese) and must meet the following conditions:
a) Being 18 years or older and having full civil act capacity;
b) Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;
d) Having a work permit issued by a competent Vietnamese state agency, except for cases not subject to the issuance of a work permit.
4. Other agencies, organizations and individuals directly related to the labor relations
Labor relations are social relations arising in the hiring, use of labor and salary payment between employees, employers, representative organizations of the parties, and competent state agencies. . Labor relations include individual labor relations and collective labor relations.
There are many relationships that are derived from or directly related to labor relations that are also governed by the Labor Code and related laws. Specifically:
Employment relations
A social relationship that is set up to solve and secure jobs for employees. In particular, the state plays an important role, as a manager who must represent the social team to orient the labor market to develop such as employment services, labor market information, etc.
Besides, it is also necessary to take into account the main relationships formed in the field of work:
– The State and citizens and organizations in establishing and correctly performing jobs.
– Job placement centers with employees, employers and other organizations and individuals in need.
– Labor relations between employees and employers in the settlement of job security according to the commitments of the parties and the provisions of the labor law.
Occupational safety and hygiene relations
The Law on Occupational Safety and Health is a legal system that prescribes measures to ensure occupational safety and health in order to prevent occupational accidents and diseases and improve working conditions. motivation for workers.
The legal system governing the legal relations on occupational safety and health in our country is now very diverse and rich with different normative value scales. However, the provisions in the Labor Code only establish the basic principles of ensuring occupational safety and health without comprehensively resolving the legal relations arising in this field.
– Subjects of legal relations on occupational safety and health
+ Group of state management subjects
+ Subject groups are employees, including workers in areas with labor relations and no labor relations.
+ The subject group is the employer consisting of different economic sectors;…
– Basic principles of the Law on Occupational Safety and Health
+ Ensuring occupational safety and hygiene is the right and obligation of the employer. All enterprises, organizations and individuals related to labor and production in accordance with the law on occupational safety and health
+ Ensuring occupational safety and hygiene must be implemented throughout the working process; Prioritize measures to prevent, eliminate and control harmful hazardous factors.
Vocational education for workers
Vocational education relations are social relations formed between an apprentice and a vocational education institution with the aim of improving vocational knowledge or reaching a certain level. The vocational education relationship can be an independent relationship, or it can be a dependent relationship of the labor relationship. This relationship can be done before establishing or during the implementation of the employment relationship.
Therefore, the labor law only regulates the apprenticeship relationship to the extent that it is related to the specific labor relationship that has been identified, but not to the occupational relationship in society.
The relationship between the labor collective or their representative organization and the employer
– This relationship aims to harmonize the interests of the parties on the basis of an agreement but not against the law and to protect the legitimate rights and interests of employees in the labor relationship, which is one of the related relations. to labor relations regulated by labor law.
In our country, the trade union is a socio-political organization that participates in this relationship as the representative of the collective of employees, on behalf of the employees participating in the fields of production activities. , labor and life, inspecting and supervising the implementation of the law or the relationship with the employer to solve problems related to labor relations such as: employment, wages, bonuses, conditions labor, strike, etc.
The relationship of compensation for damage at work
– Is compensation for material damage with the violation of one subject causing damage to the other subject to property or health occurring during the labor process and due to the law governing the relationship of compensation for damage. material related to Labor Relations. It arises only on the basis that the parties have established labor relations according to the law.
– This determination has important practical significance, especially in disputes.
Social insurance relationship
– A relationship formed during the process of contributing, creating funds and paying social insurance as a relationship related to the Labor Relations. Within the scope of labor law, it is mainly concerned with the rights and obligations of the subjects (the State, the employer, the employee) in the formation of financial resources (the social insurance fund) and in the payment, made when there is a legal event when there is social insurance arising.
Labor dispute resolution relations
– The relationship between the subject of a labor dispute and the individual or organization that has the authority to settle such dispute. However, depending on each type of dispute, the nature and scope of the dispute, the system of competent agencies, organizations and individuals and the order and procedures for settling labor disputes may be different. together.
Strike relations and strike settlement
Strike is a common phenomenon in the labor market when there is a conflict of interest between the labor collective and the employer that, after going through the statutory procedure, but their requirements not accepted by the employer.
In order to achieve the requirements of their rights and interests, the labor collective often uses economic pressure as a strike. During and after the end of the strike, the parties have the right to request the competent authority to settle.
The strike settlement relationship is the relationship between the agency competent to settle public decisions and the labor collective or their representative and the employer in the process of settling a strike.
