Guidance on the new Labour laws in Vietnam

ANT Lawyers – May 29th, 2013. A new series of decrees detail the implementation process of the Labor Code and the Law on Trade Unions 2012.

Decrees 43, 45 and 46 concern several different aspects of numerous articles in the Labor Code and the Law on Trade Unions.

Decree No. 43/2013/ND-CP relates to Article 10 of the Law on trade union rights and specifies corporate responsibility for the protection of rights and interests of workers in connection with proceedings, labor lawsuits, administrative or cases of bankruptcy.

Furthermore, the decree details the rights and responsibilities of the trade unions in cases of strike.

Decree No. 45/2013/ND-CP specifies several articles of the Labor Code concerning hours of labor, pause time, labor safety and hygiene. Regulations on meeting times, learning methodology, training by superiors and union officials are covered.  Another noticeable prescription holds that the working time for elder workers, in their last year before retirement, is shortened by at least one hour.

Decree No. 46/2013/ND-CP details the implementation of several articles of the Labor Code concerning labor disputes. Specifictly, the decree prescribes that a labor mediator must have at least three years of work experience in the specific field.

These decrees take effect on July 1st, 2013.

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