Tiếng Việt1. Employment is an income-generating labor activity that is not prohibited by law.
2. The State, employers and society have the responsibility to participate in job creation, ensuring that everyone with working capacity has the opportunity to have a job.
(Article 9. Employment, job settlement, Labor Law 2019)
Employment is an income-generating labor activity that is not prohibited by law (Clause 2, Article 3 of the Employment Law 2013). According to the provisions of the law on employment, employment is recognized with the following two conditions:
Firstly, employment is a useful and income-generating activity for employees and family members. This clearly shows the usefulness and emphasizes the criterion of generating income for jobs.
Second, such activity is not prohibited by law. This can be considered a sufficient condition, indicating the legality of the job. Useful activities are not limited in scope, industry and are completely consistent with the development of the labor market in Vietnam in the process of developing a multi-sector economy. Today’s legal workers are placed in the position of subjects, have the freedom to find work, or create jobs for others within the framework of the law, no longer be discriminated against even though working in or outside the public sector.
However, if only two conditions are based on income and legitimacy to determine whether human labor activities are recognized as jobs or not, it depends on the laws of each country and it changes. by period. Because in fact, there are labor activities that also generate income, sometimes even very high income, but in one country it is considered a job, in another country it is not recognized as a job. do. For example, prostitution in Vietnam is not recognized as a job because it is prohibited by law, while in Thailand or the Philippines it is recognized as a job. The concept of employment in our country, on the one hand, has selectively absorbed the concepts of employment of countries in the world and of the ILO, on the other hand, has shown a high generality and raised the following factors: constitutes employment. Thus, employment is an activity not prohibited by law, always associated with employees and generating income for them.
So, a question arises, what are workers and what rights do they have?
One of the rights of workers, the right to work is a group of basic rights in labor.
The right to work is a fundamental factor to ensure the actual existence of human beings, as well as a factor to ensure the dignity and self-esteem of workers. The right to work is considered a constitutional right in the UDHR (Declaration of Human Rights): “Everyone has the right to work, to freedom to choose employment”.
One question is whether the right to have a job is the right to work of the employee? The answer is that a worker’s right to employment is not synonymous with the right to work. If the right to work of workers is a concept associated with human rights, it is the right to freely choose jobs, workplaces … and the institutions and procedures of the State and the society to If the right to work of an employee is implemented in practice, the right to a job of an employee is understood as every person who reaches working age and has the working capacity in accordance with the law as approved by the employer. sign a labor contract, receive salary and other benefits based on the individual’s capacity, aspirations and needs of the person entering into the labor contract. Thus, compared with the right to work, the right to work of workers is narrower. But, in essence, the right to work of workers is most clearly and specifically expressed in the right to work of workers. The right to work of employees is only meaningful when workers are guaranteed their right to work
The purpose of the right to work is to ensure that workers have a truly prosperous and happy life and create conditions for them to develop comprehensively. motion. To this end, States have an obligation to respect, protect and ensure the exercise of the right to employment for workers. Respecting the protection of workers’ right to employment requires States not to coerce, deny or restrict workers’ equal access to employment opportunities. The responsibility of countries in protecting workers’ right to employment is to adopt measures or other support measures to ensure equal rights to employment and vocational training for workers. To ensure that workers’ right to employment is fully realized requires countries to enact policies, develop career guidance plans, provide vocational skills training and put in place measures to support and promote employees to enjoy the right to have a job.
