To make workers feel secure at work
Sir, how does the amendment of the Law on Employment affect union members and workers? What activities has the Vietnam General Confederation of Labor implemented to contribute comments to the draft?
- Up to now, employment has always been identified as the core issue of economic development. Therefore, the Draft Law on Employment (amended) right from its name reflects the issue that this is a draft law closely related to the rights and interests of workers, and furthermore, the interests of the nation and people.
Performing the functions and tasks of the Trade Union organization in participating in the development and improvement of policies and laws related to the rights and obligations of union members and workers, during the process of the drafting agency collecting opinions, the Vietnam General Confederation of Labor participated in giving opinions right from the first step of the proposal to develop the Law on Employment (amended) through Document No. 5147/TLD-CSPL dated October 11, 2022.
In 2024, the VGCL organized a written consultation on the draft law and issued Official Dispatch No. 1083/TLD-CSPL dated April 19, 2024 to the Ministry of Labor, Invalids and Social Affairs to provide comments on Draft 2 of the Employment Law. Drafts 3 and 4 were also commented on by representatives of the VGCL at appraisal meetings and meetings of Government members. Many comments were studied, accepted, and finalized by the drafting agency.
Unemployment benefits should increase to at least 75%
Could you please tell us about the outstanding contributions of the Vietnam General Confederation of Labor to the draft Law on Employment (amended)?
- The Vietnam General Confederation of Labor has contributed many important opinions to the draft Law on Employment (amended). The Vietnam General Confederation of Labor proposed to study and develop regulations in the direction of "employees receiving unemployment benefits for unemployment insurance participation period of over 144 months".
The "not reserving unemployment insurance participation time of over 144 months" along with the regulation limiting the unemployment benefit period to "maximum 12 months" will greatly affect the psychology of workers, leading to finding ways to reduce the loss of workers, with quitting work to receive unemployment benefits when reaching the threshold.
The Law on Employment and current guiding documents also do not have any regulations defining the unemployment insurance fund as a short-term fund. Furthermore, it is necessary to have a longer-term calculation for this fund, so that when the unemployment situation is resolved, the unemployment insurance fund can become a social security fund. Therefore, it is necessary to regulate allowing employees to receive unemployment benefits for the period of participation in unemployment insurance of more than 144 months to avoid causing unnecessary disruptions; at the same time, it is necessary to resolve the regime for employees themselves or their relatives when facing employment risks.
The Vietnam General Confederation of Labor requests the drafting unit to study and adjust the monthly unemployment benefit level to 75% of the average monthly salary for unemployment insurance contribution most recently before unemployment.
The Vietnam General Confederation of Labor also proposed to study and have regulations on the National Job Conversion Committee, through the Committee's activities to develop and implement job conversion policies, use funds to coordinate and support job conversion activities.
In addition, it is proposed to research and build a national database on labor and employment, aiming towards a complete and unified database on workers and the job market without stipulating a "database on workers" as stated in the draft; it is proposed to thoroughly and comprehensively research the regulation that "workers doing work that directly affects the safety and health of individual workers or the community must have a national vocational skills certificate". The Vietnam General Confederation of Labor also proposed to research and expand the subjects participating in unemployment insurance for workers without labor relations and officials, civil servants...
Thank you!
