NEW POINT OF THE 2019 LABOR CODE (PART 3)

Following the article on new point of the 2019 labor code part 1 and part 2, KAV Lawyers would like to supply readers with more new points on the 2019 labor code part 3.

INCREASING OVERTIME-WORK UP TO 40 HOURS PER MONTH

According to that, point b clause 2 article 106 the 2012 labor code stipulates that “in case of applying regulations on weekly work, the total of normal working hours and overtime working hours must not exceed 12 hours per day; does not exceed 30 hours per months”. Whereas, the 2019 labor code stipulating the overtime working on monthly work is not exceed 40 hours per months, particularly at point b clause 2 article 107 the 2019 labor code stipulates that “In case of applying regulations on weekly work, the total of normal working hours and overtime working hours must not exceed 12 hours per day; does not exceed 40 hours per months”.

MORE TIME OF WEEKLY BREAKS

The 2012 labor code stipulates that the worker is entitled to a break of at least 24 consecutive hours. In case it is impossible for a worker to have a weekly break due to the cycle of work, the employer shall ensure the worker have at least 04 days off on average in a month. Whereas, the 2019 labor law supplies more regulations to the case on which the weekly break is on day-off or on public holidays, the worker shall have weekly break on the next working day (clause 3 article 111 the 2019 labor code).

EXTENDING THE VALIDITY DURATION OF WORK PERMIT

The 2012 labor code stipulates the maximum validity duration of work permit is 02 years, whereas, the 2019 labor code stipulates “The maximum validity duration of a work permit is 2 years, in case of extending the time, the worker can extend just for once and the maximum term is 02 years”.

SUPPLYING MORE CASES OF BEING ENTITLED TO STRIKES

According to that, the 2012 labor code stipulates that strikes can only carried out for interest – based collective labor disputes and after the expiry of the statute of limitations specified in clause 3 article 206 of this code (specifically after 03 days since the day the labor arbitration council makes a record of unsuccessful conciliation or after 05 days since the council makes the record of successful conciliation but either parties does not implement the agreement). Whereas, the 2019 labor code extends the cases in which the worker have the right to strike as follows:

  • The mediation does not succeed or the time limit for mediation is expired and the labor arbitrator do not conduct mediation;
  • The Labor Arbitration Board must not establish or establish but not issue a dispute settlement decision or the employer is the party to the dispute but does not implement the dispute decision issued by the Labor Arbitration Board.

REDUCING THE AGENCY AND ORGANIZATION NEEDED TO NOTICE BEFORE HAVING THE DECISION ON TEMPORARY CLOSURE OF THE WORKPLACE.

According to that, the 2012 labor code stipulates that after having the decision on temporary closure of the workplace, the employers must publicly post up at the workplace and notify to the following agencies and organizations: the executive committee of the trade union that organizes and leads the strike; the provincial-level trade union; the employers’ representative organization; the provincial-level state management agency of labor; the district-level People’s Committee of the locality where the enterprise is located. The 2019 labor code has reduced the agencies or organization needed to notify, according to that, there are 3 agencies left: the employers’ representative organization that leads the strikes; the provincial – level and the district-level People’s Committee of the locality where the enterprise is located.

Above is an article about the new point of the 2019 Labor Code (part 3), if you have any questions or any other legal advice, please contact KAV Lawyers by the contacts below:

Email: [email protected] or [email protected]

Phone: (+84) 28 6270 7075 or (+84) 949 761 861

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