The Labor Code to be revised to ensure the rights of minors in Vietnam.

To ensure juvenile labor rights, the 2012 Labor Code has Section 1 with 5 articles defining the age of minor workers; the employment of minors; principles of employment of minors and employers under 15 years old, in which employers are allowed to only employ people aged between 13 and under 15 years old to do small jobs according to the list issued by the Ministry of Labor, War Invalids and Social Affairs (currently according to the Circular No. 11/2013/TT-BLDTBXH on the list of small jobs).

However, at the recent seminar to give consultations on the amendments and supplements regarding minors in the draft revised Labor Code, organized by the Ministry of Labor, War Invalids and Social Affairs in Hanoi, delegates said that in implementing the Labor Code 2012, to ensure juvenile labor rights, the Labor Code had Section 1 with 5 articles defining the age of minor workers, however, these regulations are only applied in the formal sector, while minors work primarily in the informal sector. Therefore, the amended Labor Code needs to cover the informal sector.

Mr. Ngo Hoang, from the Department of Legal Affairs, the Ministry of Labor, War Invalids and Social Affairs, said that in the revision of the Labor Code this time, the issue of how to protect children from labor exploitation must be added.

The draft revised Labor Code has added many new provisions that play a crucial role in realizing children's rights.

Accordingly, inappropriate issues will be amended, which will include the expansion of the identification of juvenile labor without actual labor relations. Specifically, the terms of the employee, the employee without labor relations and the minor labor will be amended.

Assessing the new points included in the amended Labor Code, the representative of the United Nations Children's Fund said that the draft revised Labor Code has added many new provisions that play a crucial role in realizing children's rights.

However, the draft law contains contents that have not really complied with the United Nations Convention on the Rights of the Children, the ILO Convention 128 on minimum working age; ILO Convention 182 on the Worst Forms of Child Labor. "Article 3” is also an issue as it defines "employee" as a person working under a labor contract, paid and subject to the management and administration of the employer.

Notably, the draft added the concept of "workers without labor relations" but the limitations on the use of child labor in Chapter XI only prescribes that formal labor relations between "juveniles workers and employers”, Le Hong Loan - Head of Unicef Child Protection Program - said.

To protect minors, Unicef recommended stronger sanctions against violators, especially the worst forms of child labor. In order to be able to take sanction against violators, there must be clearer and more specific regulations.

Meanwhile, representatives from the Department of Administrative Law Department under the Ministry of Justice, said that the amendments are still duplicated, especially there are provisions that are not clear while the children's rights have been realized in the Constitution as well as the Law on Children. Therefore, it is necessary to make suitable amendments and supplements to avoid duplication and to ease the application in reality.

To protect minors, Unicef recommended stronger sanctions against violators, especially the worst forms of child labor.

Deputy Minister of Labor, War Invalids and Social Affairs Nguyen Thi Ha said that due to the shortcomings during the implementation of the Labor Code, it is a need to amend the law to better protect the rights of minors.

She pointed out some issues that need careful consultation and evaluation before being amended, including: How to better implement the provisions of the Labor Code to better prevent and combat the issue of using minor labor in the informal sector, the field without labor relationship; which specific contents need to be amended and supplemented to ensure compliance with international labor standards on the employment of laborers under 15 years old, especially the employment of laborers under 13 years old; Which contents should be perfected to better ensure the elimination of the worst forms of child labor, not only in the formal sector but also in the informal sector, the area without labor relations.

Viet Chung