The labor code: The need for a comprehensive look

Subsequent to the participation of the International Labor Organization (“ILO”) through a variety of conventions, Vietnam’s Labor Code has undergone considerable debate and re-drafting with a view to standardizing certain regulations of domestic laws on employment to be consistent with the organization’s recommendations. Currently on the fourth iteration, the draft of this labor code (the “Draft”) has been the center of attention with many concurring and dissenting opinions regarding whether it favors the workers or the employers along with questions on the feasibility of some provisions therein.

As this matter is far from unanimous, our Article shall analyze the viewpoints from each side and then further offer some suggestions through (i) evaluating opinions that the Draft is overprotective of workers, (ii) highlighting views saying that it favors the employers, (iii) taking into account other opinions regarding the feasibility of some provisions and (iv) mentioning some provisions that go far from reality.

Finally, our Article further concludes that maintaining a balance between the rights and obligations of both employers and employees is a difficult grind. Thus, suggestions for lawmakers on drafting provisions regarding several controversial issues are further brought forward.

The full PDF version of the Article can be read here.
Keywords: Labour Code draft; ILO; workers protection; employers favor; controversy.