Tiếng ViệtArticle 10. Right to work of employees
1. To be free to choose employment, to work for any employer and in any place not prohibited by law.
2. Directly contact the employer or through an employment service organization to search for a job according to his/her aspirations, abilities, professional qualifications and health.
According to the Faculty of Law, Vietnam National University, Hanoi, “Human rights are generally understood as the natural and inherent needs and interests of people that are recognized and protected in national laws and legal agreements. international law”
The right to work is one of the human rights.
The 2013 Constitution of Vietnam affirms that citizens have the right to work and freely choose their profession, employment and workplace. Wage workers are guaranteed fair and safe working conditions; salary, rest regime. Creating jobs and ensuring that everyone with working capacity has the opportunity to work is the responsibility of the State, enterprises and the whole society. In that spirit, Article 57 of the 2013 Constitution clearly states: The State encourages and creates conditions for organizations and individuals to create jobs for employees. The State protects the legitimate rights and interests of employees and employers and creates conditions for building progressive, harmonious and stable labor relations.
Article 35 of the 2013 Constitution: “1. Citizens have the right to work, to choose their profession, employment and place of work.”
In Article 5, Labour Code 2019 recognizes the rights and obligations of employees
1. Employees have the following rights:
a) Working; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; free from discrimination, forced labor, or sexual harassment in the workplace.
Article 23 of the United Nations Universal Declaration of Human Rights (UDHR) 1948:
Article 23
1. Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
As such, employees are free to choose jobs, work for any employer and in any place not prohibited by law.
At the same time, employees also have the right to contact the employer directly or through an employment service organization to search for a job according to their aspirations, abilities, professional qualifications and health.
Thus, if businesses are now and even in the future, the law recognizes the signing of a Non-Competition and Information Confidentiality Agreement (NDA), then it violates the right to work of employees and thus can be harmful to employees. considered unconstitutional?
