On 20 of June 2019, CDI Viet Nam in collaboration with M.net held “Consultation and recommendations sharing workshop on revised Labor Code”. The workshop aimed to update stakeholders on the ongoing discussions of the National Assembly about draft revised Labor Code at session XIV – 7th National Assembly; at the same time to collect comments and contributions from stakeholders to finalize recommendations for the revised Labor Code with multi-stakeholders inputs for consideration and approval this important Labor Code.
Attendants are representatives from 6 networks/ groups (Action Network for Migrant Workers – Mnet, GBVnet, EBWG; EBWG, Working Group on the Protection of Workers’ Rights, Working Group on Employee Representatives, Working Group on Wages and Working Time; representative from General Confederation of Labor Vietnam, Institute of Labor and Social Sciences, MOLISA, social organizations, research agencies, universities and the media. Participated in Labor Code revision process done by National Assembly, Mr. Le Dinh Quang, Deputy Head of the Labor Relations Department, shared on-going discussions at National Assembly. Accordingly, there were 170 opinions spoken out at group discussions, 26 comments at the conference, 47 registration comments that are in await. Topics discussed by the National Assembly includes expand framework on maximum overtime, retirement age, employee representative organization at grassroots level, proposal of 1 public holiday (27/7), labor contracts, minimum wages, labor disputes, policies for female workers. Many opinions are in coincidence with the recommendations by CDI, M.net in working hours reduction, additional regulations on weekly and monthly overtime working hours, definition of sexual harassment, regulations on labor disputes, procedures on strike and dispute resolution, arbitration agencies for labor disputes.
At the workshop, Ms. Duong Thi Viet Anh – representative from groups who shares recommendation to National Assembly share among the stakeholders general principles and process of opinions gathering as well as recommendations finalization. Among the principles, labor protection is put on top. In addition, the recommendations are based on workers participation strengthening and ensuring principles, ensured implementation of the 2013 constitution, respect for human rights, international standards of labor, sustainable development and integration trend, economic development.
Participants then work in four groups to discuss and finalize recommendations according to the following topics: (i) Wages and working hours; (ii) Organization representing workers; (iii) Prevention of sexual harassment and gender-based discrimination; (iv) Solving labor disputes. Some of the main discussion results focus on aspects such as the need to define more clearly the term “workers” and “sexual harassment at the workplace” and “rights and obligations of workers”. On the subject of wages and working hours, it is necessary to consider that wages, minimum wages must be built on minimum living needs, overtime wages, or aspects of wage/bonus/time deductions; the maximum overtime time is proposed not more than 12 hours/week. About Sexual Harassment and Gender-based Discrimination, there needs to have definitions of sexual harassment and discrimination. On the subject of labor disputes settlement, it is necessary to define labor disputes settlement procedures; Regarding the organization representating employees, it is necessary to have a process and procedure for a representative organization establishment, setting out the standard conditions, charter for such representative organizations and rights of the representative organization.
After the workshop, recommendations will be finalized to submit to the Drafting Committee by June 28, 2019, as publicized by portals of the Government and the MoLISA. Organizations and experts interested in the 4 recommended topics can read detailed draft recommendations here.