Vietnam: promises, some kept and some less so of the new revised Labor Code

On 30 December 2020, the International Labour Organization (ILO) welcomed the entry into force, as of 01 January 2021, of Vietnam’s revised Labour Code that was adopted in 2019. For Chang-Hee Lee, ILO local office director, this new Code "will enable the country to expedite the transition towards decent working conditions for all employees", men and women, whatever the sector, even if the director hastened to add that the "new Labour Code makes numerous improvements which can bring benefits for workers and employers. But they will become a reality only when all are aware of their new rights and actively use them." Among the questions over the effectiveness of the new provisions, the possibility of forming workers' representative organizations that are truly independent from official trade unions operating under the Vietnam General Confederation of Labour (VGCL) umbrella body seems particularly uncertain.
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The improvements heralded by the revised Code are significant and numerous, notes the ILO. Firstly, the Code will apply to all workers, including those who have not signed an employment contract, or some 55 million in total instead of the previous coverage of 20 million workers (those with an employment relationship).

Secondly, workplace discrimination and sexual harassment protection has been strengthened with employers now required to “ensure equal pay for work of equal value without discrimin

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