It is human rights defined by the Constitution."
The revised Labor Code, which is under discussion for the last time by the National Assembly, is recognized as a demonstration of Vietnam's active implementation of international commitments on labor issues.
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During the process of signing trade agreements, the Vietnamese Government added workers' rights to the provisions of the Labor Code (amended) in order to implement basic international labor standards; to make clearer enforcement mechanisms for employers; to enable businesses to access the European market; and to improve labor productivity and income, as well as ensure more benefits for workers.
The content of labor commitments in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the EU-Vietnam Free Trade Agreement (EVFTA) do not set specific standards, but they stated to respect, promote and effectively implement the four basic standards under the 1998 statement of the International Labor Organization (ILO), including the right to freedom of association and collective bargaining, the elimination of forced labor, child labor, and all forms of labor discrimination; attempt to ratify unratified conventions; effective implementation of laws and practices of ratified ILO conventions; no violation of basic labor standards to create a competitive advantage; and not to use basic labor standards for commercial protection purposes...
The revised Labor Code, which is under discussion for the last time by the National Assembly, is recognized as a demonstration of Vietnam's active implementation of international commitments on labor issues.
At the National Assembly discussion to give a final comment on the Labor Code (amended), on October 23, deputies focused on expanding the extra working time, retirement age, the representative organization of workers at grassroots level, normal working time, solving labor disputes, strikes…
Discussing the framework of working hour agreement, deputy Nguyen Thi Quyet Tam disagreed with the opinion of deputy Vu Tien Loc who said that “working hours and extra working time increased to 400 hours per year is reasonable, humane and voluntary".
Deputy Tam argued: “I think that this is an issue that the National Assembly needs to discuss for clarification. I do not know why deputy Vu Tien Loc said that this policy in the Labor Code would be reasonable and humane. I care about humanity and voluntary work. Humanity and voluntary work on what basis, though?"
According to NA deputy Tam, many workers and trade union officials say that workers do not want to work overtime even though they need to. “So we have to answer the question, why do workers need to work overtime? That question is very easy to answer, because salaries and income today are really not enough to cover life,” Tam said.
She said it is necessary to look at the appearance of the worker, the attitude of the worker when they go to work. "Let’s see the kids who are taken care of by their grandparents, not by their parents. No one is willing to leave their children. Some workers do not see their children for 1-2 years. They have to leave their children with their parents. Many old people still have to take care of their grandchildren so their children have time to work."
“How to make policies so that workers earn enough to afford their daily life, still have time to study and improve their skills, to entertain, to take care of themselves and their family... It is human rights defined by the Constitution."
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Tam said that such workers do not resign, do not want to burden society, so they have to look for a job and say that they voluntarily work overtime. “I think this statement needs to be debated to clarify. They do not do so voluntarily but need to work overtime to earn more income.”
Tam, who is former chair of the Ho Chi Minh City People's Council, raised the question about the role of the National Assembly and how the National Assembly makes policies so that workers earn enough to afford their daily life, still have time to study and improve their skills, to entertain, to take care of themselves and their family ...
She asserted: "It is a human right defined by the Constitution. When deputy (Vu Tien Loc) presented his opinion, did you think about the provisions of the Constitution on human rights? Let’s think about the responsibilities and obligations of employers and also human affection for employees. What is the humanity here, it is to protect the constitutional human rights and humanity in the use of workers,” Tam said.
According to Tam, the competitiveness of the economy should not rely mainly on labor but also on management capacity, technological innovation, working conditions ... “This is the progress of society. Where is the progress of society as we increase working hours and reduce the wages of workers? We reduce working time to 44 hours per week, meaning that for the remaining 4 hours the workers can work overtime and earn more income. That is progress and humanity," she said.
Tran Hang