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Vietnam legislators debate protection for workers going abroad

The Vietnamese National Assembly discussed Monday a bill on sending workers abroad, with focus on labor agencies’ responsibilities and measures to protect Vietnamese guest workers. 

Many deputies said the bill contained unnecessary regulations on managing labor agencies.

Employment termination: strict rule confirmed
For the last several years, dismissal of employees has been the subject matter of most labour court cases in Viet Nam. In many cases, employees won the case because the usual assumptions of foreign investors are different from the way Vietnamese employment law operates.
Foreign worker outcry
Businesses have voiced major disappointment over new rules governing the employment of foreign workers in Vietnam. Firms which rely on foreign expertise are upset the release of the long-anticipated amendments to Decree 105, which provides regulations on recruitment of foreign nationals in Vietnam, has not removed the 3 per cent cap on foreign employees.
Striking workers could face loss of earnings

Workers who strike will not be paid for the days they take action, even if their strike is legal, according to a draft ordinance awaiting approval. Article 14 of the draft document specifies that employees will not be paid if they go on strike to demand protection of their benefits. In addition, employers can demand compensation for damages if the strikes are found to be illegal.

Foreign staff content remains a sensitive issue

After labour management bodies relaxed limitations on foreign staff numbers, investors in Vietnam have signalled they want the regulations completely removed. Foreign investors continue to protest the regulations on limiting the number of foreign expatriates working in a foreign invested enterprise (FIE) although the Ministry of Labour, War Invalids and Social Affairs (MOLISA) has offered new more ‘flexible’ regulations.

 

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