Tiếng ViệtWhat do rights and obligations mean?
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.
Thus, the rights and obligations of the employee and the employer will include the above contents but are implemented and complied with in the labor relationship. Specifically:
I. Rights and obligations of employees (Article 5)
1. Employees have the following rights:
a) Working; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; not be subjected to discrimination, forced labor, or sexual harassment at work;
b) To receive a salary suitable to vocational qualifications and skills on the basis of an agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; leave according to the regime, take annual leave with salary and enjoy collective benefits;
c) Establish, join and operate in employee representative organizations, professional organizations and other organizations as prescribed by law; request and participate in dialogues, implement democratic regulations, bargain collectively with employers and be consulted at the workplace to protect their legitimate rights and interests; participate in management according to the rules of the employer;
d) Refuse to work if there is a clear and direct threat to life and health in the course of performing the work;
dd) Unilaterally terminate the labor contract;
e) Strike;
g) Other rights as prescribed by law.
2. Employees have the following obligations:
a) To perform labor contracts, collective labor agreements and other lawful agreements;
b) Obey labor discipline and labor regulations; comply with the management, administration and supervision of the employer;
c) Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.
II. Rights and obligations of the employer (Article 6)
1. Employers have the following rights:
a) Recruit, arrange, manage, administer and supervise labor; reward and handle violations of labor discipline;
b) Establish, join and operate in employer representative organizations, professional organizations and other organizations as prescribed by law;
c) Request the representative organization of employees to negotiate for the purpose of signing a collective labor agreement; participate in the settlement of labor disputes and strikes; dialogue and exchange with employee representative organizations on issues in labor relations, improvement of material and spiritual life of employees;
d) Temporarily closing the workplace;
d) Other rights as prescribed by law.
2. Employers have the following obligations:
a) To perform labor contracts, collective labor agreements and other lawful agreements; respect the honor and dignity of employees;
b) Establish a mechanism and conduct dialogue and exchange with employees and workers’ representative organizations; implement democratic regulations at the grassroots in the workplace;
c) Training, retraining and fostering to improve professional qualifications and skills in order to maintain and change occupations and jobs for employees;
d) Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and sanitation; develop and implement solutions to prevent and combat sexual harassment at work;
dd) Participate in the development of national occupational skills standards, assessment and recognition of occupational skills for workers.
