So sánh pháp luật về hợp đồng lao động việt nam và hàn quốc tt tiếng anh

1 INTRODUCTION The neccessity of researching topic Labor contract is an agreement on the basis of voluntariness and equality of the subject known as an Employee (the Employee) who has the requirement of job to earn income (salary) to ensure his own life and his family; with the Employer (the Employer) need to hire labor for production, business to earn profit In particular, the Employee is under the management of the Employer, committed to work to get salaries and perform the rights and obligations as agreed In Vietnam, the Labor Code (Labor Code) has been issued since 1994 and amended and supplemented three times in the years of 2002, 2006 and 2007 In 2012, Vietnam has continued to amend and supplement for the 4th time of Labor Code and it is expected to continue revising in the year of 2018-2019 Labor market, labor relations have been developing more and more constantly, on the other hand, the changes of labor market as well as the awareness of the participants in labor relations have also changed Meanwhile, the Labor Contract Law has revealed a lot of limitations, a lot of general provisions, unclear in the different versions of the Labor Code with revisions, caused difficulties to acquire, understandi and perform Some regulations on current labor contracts still have a lot of inadequate things, or lack of necessary regulations such as regulations on labor contracts; cases of terminating the labor contracts and procedures for terminating the labor contracts to leave work and enjoy the pension policies ; general procedures for terminating the labor contracts; legal consequences and invalid mechanism of labor contract handling; severance allowances, job loss allowances; regulations on testing work, testing time; regulations on contents in the labor contracts; conditions on terminating the labor contracts; paying for severance allowances There are legal regulations that have not kept up with the operation of labor market The explanation and application of lawful reglations on labor contracts are not consistent, affecting the implementation process as well as settling the labor disputes The integration and international cooperation in the field of labor contracts is not high Practical implementation of legal regulations on labor contracts also raises a lot of in adequate problems False signature on the type of contract also occurs popularly, affecting the benefits of employees The content of labor contract is still sketchy and does not guarantee the minimum contents as prescribed by law A great deal of labor contracts have not actually been "committed" but mainly "enterred"; The provisions in the labor contract documents are prepared by the Employer, a lot of clauses are detrimental to the Employees, however, due to the pressure of having employment, the legal consciousness is not high or due to lack of skills, the Employees are often reluctant to accept The situation of "dodging the law" in the conclusion, terminating the labor contracts, dismissal of illegal employees takes place quite popularly, as a result that labor disputes arisen In Korea, the Labor Code has also been revised and supplemented continuously from 1953 until now (1st September 2014) The Korean Labor Code consists of a lot of laws, including the labor law standards consists of 12 chapters, of which chapter 2: Labor contracts are regulated clearly, contributing to promote the formation and healthy development of labor market However, labor relations are becoming more developed and discontinued on changes, on the other hand, labor market as well as awareness of the participants in the labor relation has had a lot of changes Meanwhile, legal regulations on labor contracts have also revealed a lot of restrictions The continuous change of labor law caused the Employees and Employers meet a lot of restrictions in implementing and remembering the items in labor contracts The reality of applying the labor law between Vietnam and Korea in recent years showed that, despite good preparation from the recruitment of employees and labor management, in Vietnam, labor relations in Korean Enterpriese remains the "hot spot" of labor disputes, especially in collective labor disputes In Korea, in the recent years thousands of Vietnamese employees have been sent to work under contracts to send the employees to work abroad through labor brokage companies, contributing to solve the labor shortages for the world's most developed production market However, due to the training, guidance of enterprises to send the employees to work in Korea is not profound; qualifications and understanding of labor laws in general, Korean Labor Laws of Vietnamese employees have not satisfied the requirements, so a lot of employees violated Korean law Since then, it has affected the production and business environment and labor cooperation relations between the two countries However, so far there have been no specific studies of academic programs as well as profound, statured and high generalized practices to help the Labor Relation's parties in Korean investment enterprises in Vietnam and in enterprises in Korea to understand and apply the labor law in general and the labor contract law in particular This is the starting point of the idea to compare labor laws of Vietnam and Korea with a doctoral thesis So I have selected the topic: "Comparing the law on labor contracts between Vietnam and Korea" to make my own doctoral thesis Purpose, obligation of research Rearching the topic for general purposes is to build up a thesis on comparing the preparation of Vietnamese and Korean labor contracts, thereby proposing recommendations on solutions to improve the compatibility and effectiveness of implementing labor law of Vietnam and South Korea in the context of labor cooperation and investment cooperation between the two countries Specific targets: + Contributing to make clear the history background, relationship situation between Vietnam and Korea, meanwhile going in to details of researching the investment siuation of Korean Enterprises in Vietnam, Korea Employee works in Vietnam, Vietnamses Enterprises invest in Korea, Vietnamese employees working in Korea to serve for Korean Enterprises to invest and recruit workers in Vietnam + At the same time, through the study of labor laws of Vietnam and Korea will contribute to helping the Vietnamese Employees in Korea to grasp and understand the law + Making the proposals and suggestion on measures to improve the law on labor contracts of Vietnam and Korea in order to create favorable conditions for approaching, implementing and resolving the issues related to labor law of two systems Object, scope of research The researching object of this topic focuses on lawful comparision research on labor contracts of Vietnamese and Korean labor laws The comparative content is shown by comparing regulations of labor contracts of two countries, mainly the provisions of Labor Code 2012 of Vietnam and documents instructing to the implementation of this Code with the system of rules labor contract according to Korean labor law Scope of researching is mainly focused on resolving the following issues - Theoretical problems on labor contracts; historical context, socioeconomic situation and lawful system in general, labor law system of Vietnam and Korea - The system of legal provisions on labor contracts according to Vietnamese labor laws with the regulations of labor law according to the Korean labor law Therefore, evaluating the regulations of law on labor contracts of two countries, withdrawing the advantages and disadvantages of regulations as said above - Reality in implementing to the law on labor contracts in Korean Investment Enterprises in Vietnam and Enterprises using Vietnamese Employees in Korea The researh aimed to clarify the status of applying the labor law, advantages, restriction and causes - Other rekated problems to Labor Contrac, law of labour contract in service for topic New contributions of thesis Thesis has contributions in argument and reality as follows: - Contributing to clarify the historical context, the situation of relations between Vietnam and Korea, in which going into the study of investment situation of Korean enterprises in Vietnam, Korean employees working in Vietnam, Vietnamese enterprises investing in Korea, Vietnamese employees working in Korea - Presenting some general problems on Labour Contract, Labour Contract Law of Vientam and Korea as the following research basis - Presenting systematically, analyzing and evaluating the lawful regulations of Vietnam and Korea, in particular clarifying the current labor law system between two countries Comparing and making clear of similarities and differences in the regulations of the labor contract law between Vietnam and Korea; the application of these regulations in practical labor relations in enterprises; labor disputes related to labor contract regulations and the causes of such disputes - The thesis proposed the mainly solutions to improve and enhance the compatibility of labor contracts with Vietnam and Korea in order to create favorable conditions for approaching, implementation and settlement on related issues to the law on labor contracts of two systems At the same time, outlined the main solutions to improve the efficiency of implementing labor law of Vietnam and Korea in the coming time - The thesis is the first scientific research document on a systematic comparison of two labor contract regulations in the labor law between two countries with economic and labor relations, and valuable for reference to labor laws for policy makers, lawmakers, the employers recruiting workers, the employees approaching the jobs, and helping the employers to grasp of more information and legal knowledge about labor disputes settlement of the labor contract is in accordance with the law Meaning of theory and reality of thesis The research results of thesis contribute to enrich further the basic theoretical system of labor contract as well as practical implementation of labor contracts of Vietnam and Korea The thesis is particularly necessary for the employees as well as the employers in raising legal knowledge in order to understand properly and grasp the regulations on making the labor contracts, thereby properly implementing the labor contracts in enterprises so that they are flexible and effective, avoid the case of misinterpretation and abuse of power to use the labor contract as a tool to enjoy the benefit for the employers that affect the benefits of the employees as well as the common benefits of society The thesis is a useful reference for agencies and organizations in the process of implementing and amending and supplementing the labor laws; for the establishments engaged in scientific research, teaching and learning on labor legislation; For the employees and other objects of both countries, they want to learn about labor laws in general and Labor Law of both Vietnam and Korea in particular Structure of thesis In addition to the introduction and overview, research situation, conclusions, references list, the thesis has a structure of 04 chapters CHAPTER 1: OVERVIEW OF RESEARCHING SITUATION 1.1 Research situation in domestic and foreign countries 1.1.1 Research situation in Vietnam For the labour contract, content of labour contact for the Employer and the Employee has been updated in the Labour Law Textbook for teaching the training sysstems in university level of lawful training bases and other specialties In addition, there are referrence documents book specialized in referrence, compositional thesis such as Learning about Vietnam Labor Code" (2002) of Mr Pham Cong Bay, “Labor Contract Law of Vietnam – reality and development” (2003) of author DR NguyEn HUu ChI, “Editing, signing the Labour Contract and dispute settlement on the labour contract” (2005) off Pham Cong Bay, “Scientific comments on Labour Code of the Socialist Republic of Vietnam” of Ph.D Luu Binh Nhuong (Chief Editor), “Labour Contract, collective labor agreement and labour dispute settlement according to the regulation of Vietnamese Law” (2014) of MA Phan Thi Thanh Huyen (Chief Editor), Reference Book “Law on the labour management right of the Employer in Vietnam” of Dr Do Thi Dung,… to refer clearly from concept, nature, origin, role, reality of contracting performance, changing, temporary cancellation, terminating the contract From then making the directions of fulfilling the law of Labour Contract,… , In addition, there are scientific topics such as Vietnamese Law with Japanese Investors (2009) of Hanoi Law University, due to Dr Lưu Binh Nhuong as Chairman, "Researching in order to contribute on modifying, supplementing the Labour Code in the current period" (2010) of Hanoi Law University due to Dr Tran Thị Thuy Lam as the Chairman of Topic, "Applying the Labour Law in the personnel management in Enterprises" (2011) of Hanoi Law University due to Dr Do Ngan Binh as the Chairman of Topic, "Rehiring the contract – A tendency to adjust of Vietnamese Labour Law in the marketing economic condition and international integration" (2012) of Hanoi Law University due to Dr Nguyen Xuan Thu as the Chairman of Topic… Thesises and compositions such as Doctoral Thesis “Labour Contract in the market mechanism in Vietnam” (2002) of Researcher Nguyen Huu Chi - Hanoi Law University , Master Composition “Some issues on theory and reality on Labour Contract (2001) and Doctoral Thesis “Labour Conract is invalid according to the present Vietnamese Labour Law” (2009) of the author called Pham Thị Thuy Nga, Doctoral Thesis “ Law on terminating the labour contract unilatrerally- problems on theory and reality” Nguyen Thi Hoa Tam (2013) – Ho Chi Minh City Law University, Doctoral Thesis “Law on the labour management right of the Employer in Vietnam” (2014) of the author called Do Thu Dung – Hanoi Law University For the magazine publishing article, scientific seminar in referring quite variety and details related to the Labour Contract It can be told that “A few of features on the Labour Contract in some countries in the world” of the author called Luu Binh Nhuong – Law Magazine in May 1995, "Labour Contract according to Vietnamese Law" of the author called Luu Binh Nhuong – Lawful Magazine No 1/1996, “Right unilaterally to terminate the contract” of MA Dao Thi Hang- Law Magazine No 16 (2011), Article on "Labour Contract in modifying, suppementing some articles of Labour Code" of the author called Luu Binh Nhuong, Law Magazine No 5/2002, Article on “Some problems on the Labour Contract Policy according to the regulation of Labour Code and Law on modifying, supplementing some articles of Labour Code” of the author called Nguyen Huu Chi – Magazine on the State and Law 4/2003, Article on“Problems neccesary to modify the Labour Contract in the Labour Code” of Dr Tran Thị Thuy Lam – Law Magazine No 9/2009, Article on "Reality of Labour Code Application and tendency to complete the labour law" of MA Luu Binh Nhuong, Magazine on Lawful Research No (142) T3/2009, Article on Debating more on the renovated labour code draft, Dr Luu Bình Nhuong – Magazine on legislative research (National Assembly Office) No 11/2012, Article on “Labour Contract Signature according to the Labour Code in 2012 from regulation to awareness on implementing” of the author called ASSOC.PROF.DR Nguyen Huu Chí – law magazine No 3/2013, Article on “Performing, terminating the labour contract according to the labour code in 2012 from regulation to awareness and performance” of the author called Assoc.Prof.Dr Nguyen Huu Chí and MA Bui Kim Ngan – Magazine Law No 8/2013, Article on “Labour Contractlabour management tool of the Employer” from the author called Do Thị Dung – Law Magazine No 11/2014, Article on “Labour Contract Law from regulation to reality” of author called Le Thị Hoai Thu – Lawful Research Magazine No 23 (279) 12/2014, Article on “Some problems on labour contract performance according to the regulation of Labour Code 2012” of the author called Dinh Thị Chien- Legal Scientific Magazine No 2/2015, Article on “Influence elements on the law enforcement on Labour Contract in Enterprises” of author called Le Thị Hoai Thu – Legislative Researching Magazine No 08 (288) 4/2015, Article on Refunding the training expenses in case that Employee unilaterally terminated the labor contract acccording to the item article 37 of Labour Code” – People’s Court Magazine in Term II September 2015 No 18, Bài “Article on security- competitive restriction in the labour contract” of Doan Thị Phuong Diep – Magazine on “Legislative Research” No 24 (304) term 2- in December 2015; For the report, scientific seminar as there is seminar on “Labour Contract Dispute Settlement" (9/2015) as organized at CEO Coaching interpretted by the lawyer called Nguyen Bang Tu- TA Legal Limited Lawful Company , Article on “Some proposals of completing the regulations of Labour Contract in the Labour Code Draft” of Nguyen Thị Bich, Semianr on “Contributing the ideas to modify, supplement the Labour Code” of HCM City Law University as organized in May 2012 1.1.2 Research situation in South Korea Textbook consists of “World of Labour Law in Korea” (2015) of Lee John, Publisher HUNE,“Labour Law in Korea” (2011) of Kim hyung bae, Publisher Parkyoungsa Providing all of definitions, concept on explaining the content related to the labour contract Scientific topics including “For the labour contract law of foreign countries mainly researching and discussing to apply with the method to apply in his own country” (2006), Hiệp hội luật lao động Hàn Quốc, “Nghiên cứu QHLĐ thời kỳ độ” (2008), Korean Institute of Labour Law Thesis, composition including the doctoral thesis “researching the structural restriction of law in the labour condition” (1987) of Dr Lee young hee - Department of law in Seoul National University, Doctoral Thesis “Researching on labour contract law” (1999) of Dr Lee seung gil, Faculty of Law, Seong kyun Kwan University, Doctoral Thesis “Law on the termed labour contract” (2004) of Dr No sang hyeon, Tokyo University, Master Thesis “Research on lawful problems in the labour contract signature” (2008) of MA Ryu jae yul, Faculty of Law, Korean University, Master Thesis “ Researchin on legality and restriction in invaliity and cancellation of labour contract”(2010) of MA Kim tae woo, Faculty of Law, Korean University, “Researching on the non-official recruitment, testing work, learning vocation in the labour law” (2007) of MA Kim hyun soo, Faculty of Law, Korean University Artcile published on the magazine: “Curriculum vitae of wrong declaration and cancellation of Labour Contract”, book 30 No (February 2014) page.89-117 of Ha kyung hyo, Law Magazine on property “Researching on the labour term, labour law researching magazine” No 32 (in 2012) page 166 of Khang heone, Seoul University, “Changing the labour condition and sacking of the Employer” No 14/12/2008 page 71-110 of No byung ho, Labour Law Comparision Magazine – Korean Labour Law Comparing Association Report, scientific seminar: “Management Procedure for the non term labourer and Labour Management Procedure Code for termed labour” (2007) of the Ministry of Labour, “Importance and analysis of Labour Contrac” (2014) of Shin, dong jin, Labor Law Book, Publisher called Joong Ang Economic, “Salary, the Employee in the recruiting relation of the householder, labour time together with the form of labour contract ” (2015), Korean Statistics Office, “In the real situation of recruitment in official comparision and non official comparision”(2015), Korean Statistics Office 1.1.3 Situation of researing in some other countries in the world Reference book including: “Japanese labor law” (2015), Skeno Khazo Translated by Lee John, Nxb Bobmunsa, “Understanding Labor and Employment Law in China” (2009) Chapter XVI page 332 of Ronald Brown New York: Cambridge University Press, “Labour Law in China”(2010) Chen, Publisher called Kluwer Law Int'l, Labour Law of China, "Employment law for business" (2005), Dawn D Bennett-Alexander, Laura B Pincus, McGraw-Hill Companies, "Employment Law" (2010), Hugh Collins, Oxford University Press, “EU Labor Law” (2012), A.C.L Davies, Nxb Edward Elgar Publishing Inc, “Perspectives on Labour law” (2003), A.C.L Davies, Nxb Cambridge University Luận án: “40 Years On” Industrial law Journal (Oxford Journals) Volume 36, Issue 4, P397-424 (British) Lord Wedderburn, Labour Law 2008 1.2 Researched problems in relation to the thesis topic and some comments and evaluation Although scientific works as mentioned are not concided with the thesis topic, but in different levels, containing the problems related to the content of thesis topic In foreign countries, especially in South Korea as well as in Vietnam has quite a lot of detailed research work pursuant to the regulation of law and reality, also there is a lot of work related to the contract problems but no work mentioned in systematical comparision between two countries Vietnam and South Korea in each theorical problem and content reality of labour contract However, thanks to the reseaching works as mentioned above the author can withdraw, arrange, evaluate overally the aspects of labor contract in both nations From then providing the researching orientation for topic 1.3 Basic problems necessary to resolve in the thesis Thesis is necessary to resolve with three of basic theory problems as follows Firstly, analyzing the theoretical problems in labor contracts of all countries in the world including Vietnam and Korea Based on the differences in theory of labor contract law as well as the situation of entering society, the development process, characteristics and contents of labor contracts, it is possible to provide the most common criteria for labor contracts From those standards, it is possible to compare the labor contracts between two countries in the most standard way The identification of labor relations deepens in theory The previous works showed only very general labor contract characteristics, it can be seen that it is not necessary to have a new contract to recognize the labor relations If there is an employment relationship, it will be classified as labor, not the form of a contract, then put into labor relations It caused a lot of enterprises to avoid insurance, so they signed a civil contract but are essentially a labor contract, so they have to bring about labor relations Currently, there has not been any analytical study that points out the theoretical features of the labor contract so that in this thesis, it is possible to fully analyze this problem Secondly, it is possible to analyze and compare the differences in concepts, subjects, principles of commitment, form, content, type of order, validity of labor contracts, performance of labor contracts, termination of labor contracts between Vietnam and South Korea In South Korea, the employees and the employers not only apply the labor force, but also apply the Labour Union Law, Law on working time limit, case law, etc On the contrary, in Vietnam, labor problems apply only the Labor Code and Labor Union Law Since then, we can see that system of applying laws for labor contracts in two countries is quite different Therefore, based on the practical application of labor contract and labor contract, it is possible to analyze, look carefully and in detail about the content of regulations of both countries, thereby seeing good points, bad points contributing to improve the labor law system of both countries Thirdly, from the comparison of law in two countries as said above, it can be seen in Korea that there are a lot of problems of dispute that not have any rules in the law but must be base on the case law, so there is no any consistent standards, the same as in Vietnam, there are more specific regulations than Korea, even if there is a dispute and no applicable rules, it is difficult to resolve the dispute Since then, it is necessary to approach with solutions to solve the inadequate situation in labor contracts of both countries today In addition, it can be based on the advantages of labor contract conditions in the countries around the world to refer to, applying for Vietnam and Korea, contributing to improve the quality of law Conclusion Researhing on the labor law problems has been mentioned in different areas and aspects, but there has not been any intensive and comprehensive research work on theoretical and practical comparisons according to lawful regulations of both countries is Vietnam and Korea Researhing on the problem of "Comparing the law on labor contracts in Vietnam and Korea" is a necessary scientific task based on selective inheritance of research results CHAPTER 2: SOME THEORICAL PROBLEMS ON THE LABOUR CONTRACT AND LAW ON LABOUR CONTRACT 2.1 Some theorical problems on labour contract 2.1.1 Concept of Labour Contract In order to understand exactly about the definition of labor contract, we will research on the history of labor contract formation of countries in the world History of labor contract formation started from ancient Rome times According to the Rome's Law, the premise of establishing a labor contract is based on an agreement between two parties Currently, along with the development of labor law science and new awareness of labor goods, most countries have changes in the perception of labor contracts Therefore, in addition to civil law which is considered a legal basis to create the general principles for contractual relations, in the adjustment of Labor Relations, there are separate laws such as Labor Code, Law on Labor Standards, Law on protecting the female laborers, minor laborers, or be adjusted through case law Thus, it can be seen that nature of labor contract is a negotiation between two subjects, one side is the employee who has a demand for employment, and on the other hand the employer needs to hire employees to purchase the labor effots In particular, the employees have committed to voluntarily an employment for the employers and put themselves under the management of the employers to have an income called salary 2.1.2 Features The labor contract also has the features of a contract in general, it is a freedom, voluntariness and equality of the subjects in the relationship However as a legal form of the process in exchanging and purchasing the special goods labor goods, labor contracts have specific features that help us distinguish the labor contracts from other contracts in the market In general, the features of labor contracts can be seen in the following characteristics: Subjects participating in labor contract signature are anonymous - performed as a special individual with the employees, labor contracts with an object that is paid, there is a legal dependency between parties in labor contracts, labor contracts must be carried out continuously over time, labor contracts shall be performed within a certain period or indefinitely 10 2.1.3 Role of Labour Contract Labor contract is a legal form of labor relations, labor contract defined recognized the rights and obligations of the parties in labor relations, labor contract is a legal basis on resolving the arisen problems of labor relations 2.2 Some of theorical problems on Labour Contract Law 2.2.1 Concept of Labour Contract Law Law on labor contracts is understood as a combination of lawful procedures on contracting, performing and terminating labor contracts that employees and employers must observe in the labour contract relations 2.2.2 Content of law adjustment on the labour contract 2.2.2.1 Commitment on Labour Contract  Subject of Labour Contract The subject of labor contract is the parties of labor contract Engaging in labor relations with labor force and the employers Therefore, the subject of Labor Contract includes the employees and the employers  Principle of Labour Contract Commitment The principle of committing a labor contract is one of important contents recognized by the laws of countries because it is a penetrated guidance thought from the stage of committing and implementing to terminate the labor contract  Sequence of Commitment Sequence of commitment is a leading stage of making a labour contract  Forms of Labour Contract Commitment Form of labor contract can be presented clearly through speech, documents or through the practical labor Not only in Vietnam, the countries in the world such as Korea, Japan, France, England, Germany, the form of committing the labor contracts also follows the principle of freedom: committing in oral or written  Types of Labour Contract Commitment Each country has different economic, social and cultural conditions, so the type of labor contract is very different However, most of countries in the world divided the labor contracts into two main types: termed labor contracts and non-term labor contracts  Content of Labour Contract Commitment The contents of labor contracts include the rights and obligations of employers and employees together with the content of labor conditions  Invalid Labour Contract In cases that the parties failed to comply with the regulations of law on labor contract commitment such as subjects, contents of labor contracts , it may cause to the invalidity of labor contracts Depending on the socioeconomic conditions, countries have different regulations on invalid labor contracts, but generally invalid labor contracts are often divided into two categories: partially invalid labor contracts and wholly invalid labor contracts 2.2.2.2 Performance of Labour Contract  Mobilizing the labourer 12 As terminating the Labor Contract in addition to the reason for terminating, all parties must comply with certain procedures such as advance notice or notify the competent authorities • Due to negotiation(will of parties) Each country has different procedures in terminating the labor contract by means of negotiations Normally, these regulations will refer to the valid times as well as the sequence of notifying the parties before terminating the labor contract, • Due to will of the third party and legal events arisen For the procedure for terminating the labor contract in case the employee is dead or missing, the labor contract will automatically be terminated and the employer is not an individual but the successor will continue to operate the economic organization and the labor contract will not be terminated At this point, all countries in the world are the same, the only difference is that depending on each country, this regulation is projected into different codes or legal cases Procedures for terminating the labor contracts due to the will of one party, depending on each specific case, depend on each country but have different procedures For the employer side, the notitication time before terminating the labor contract is clearly defined In summary, it can be seen the employer wants to terminate the labor contract with the employees in each country according to the principle of "properly reason" (reasonable) In case there is no legitimate reason to terminate the labor contract, the problem of complying with the sequence of terminating the labor contract will not be considered If the termination of labor contract has no legitimate reason, the termination is, of course, considered null and void, then whether or not the termination notice is not a considered problem However, if the case ends with a reasonable reason but does not inform the procedure, such termination is considered invalid or effective, which is a necessary to raise  Benefit settlement as terminating the labour contract As terminating the labour contract that benefit settlement for the Employee is the most important problem on terminating the labor relations However, benefit settlement as terminating the labor contract depending on the subject of terminating and terminating is legal or illegal 13 Conclusion of Chapter Chapter thesis system of theoretical problems on the labor contracts, providing the concepts and contents of labor contract law of countries around the world,since then providing the most common arguments for labor contracts Research results of chapter will be a premise to research and evaluate the labor contract conditions of Vietnam and South Korea Since then, the comparison of laws in two countries has been made CHAPTER 3: LAWFUL REALITY ON THE LABOR CONTRACT FROM THE COMPARATIVE POINTVIEW BETWEEN VIETNAM AND SOUTH KOREA 3.1 Labour contract Commitment 3.1.1 Subject of Labour contract Commitment 3.1.1.1 Subject of Labour Contract Commitment pursuant to Vietnamese Law Recommending on the employees, the employers pursuant to Vietnamese law regulation according to different ages and industries and have different restrictions At the same time, there are additional examples of case law related to the subject of labor contract in Vietnam 3.1.1.2 Subject of Labour Contract Commitment pursuant to Korean Law The same as the regulation of Vietnamese Law, it also regulated the content relevant to the employees, the employers such as concepts, age and industry Case law in relation to the labor contract subject in South Korea 3.1.1.3 Similiarity and Difference on subjet in the labour contract commitment between Vietnam and South Korea From the regulations as above providing the similiar and different things in the Labour Contract Subject of both countries 3.1.2 For the principle of Labour contract commitment 3.1.2.1 Principle of labour contract commitment pursuant to Vietnamese law regulation HĐLĐ giao kết sở nguyên tắc sau đây: a Tự nguyện; b Bình đẳng; c Thiện chí, hợp tác trung thực; d Không trái pháp luật, TƯLĐTT đạo đức xã hội The labor contract is committed on the basis of the following principles: a Voluntary; b Equality; c Goodwill, cooperation and honesty; d Not contrary to law, Collective Labour Agreement and social ethics 3.1.2.2 Principle of labour contract commitment of South Korea Gồm có nguyên tắc: a Nguyên tắc tuân thủ pháp luật, b nguyên tắc bình đẳng, c nguyên tắc dựa quy định NQLĐ TƯLĐTT Including principles: a Principles of observing the law, b principle of equality, c principles based on the regulations of Labour Rule and Collective Labour Agreement 3.1.2.3 Similiarity and Difference on principle as signing the labour contract in the law of Vietnam and South Korea Accordingly, the principle of labor contract signature in Vietnam and Korea must comply with the principle of freedom, equality, voluntariness as signing 14 the labor contracts, not contrary to law, social ethics and Collective Labour Agreement It can be seen that in principle, the principles of signing labor contracts between Vietnam and Korea are the same only in the form of called name 3.1.3 Form of Labour Contract 3.1.3.1 Form of Labour Contract in Vietnam Hình thức HĐLĐ hiểu cách thức chuyển tải nội dung HĐLĐ mà NSDLĐ NLĐ thỏa thuận lựa chọn sở quy định pháp luật Điều 16 BLLĐ quy định hai loại hình thức HĐLĐ HĐLĐ văn HĐLĐ lời nói Form of labor contract is understood as a way of transferring the contents of labor contract as agreed by the employers and the employees based on the regulations of law Article 16 Labor Code stipulates two types of labor contract including Labor contract in text and Labor contract in oral 3.1.3.2 Form of Labour Contract in South Korea Also including two forms of Labour Contract in text and Labour Contract in oral 3.1.3.3 Similiarity and Difference in the form of labour contract pursuant to the law of Vietnam and South Korea Ở Việt Nam pháp luật quy định cụ thể HĐLĐ phải giao kết văn bản, làm thành bản, NSDLĐ giữ bản, NLĐ giữ (Điều 16 BLLĐ Việt Nam) Ở Hàn Quốc tuân theo nguyên tắc tự ký kết hợp đồng nên loại HĐLĐ ký kết hình thức lời nói văn trừ trường hợp đặc biệt Điều có nghĩa Việt Nam tùy theo loại HĐLĐ mà ký kết HĐLĐ lời nói văn Hàn Quốc HĐLĐ ký kết lời nói văn bản\ In Vietnam, the law is regulated specifically that labor contracts must be committed in text, made into sets, the employer will hold set and the employee will hold set (Article 16 of Vietnamese Labor Code) In South Korea, following the principle of freedom of signing the contract, all types of labor contracts can be signed in oral or text form, except in the special cases That means that in Vietnam depending on the type of labor contract that can signed a labor contract in oral or in text, in South Korea, all labor contracts can be signed in oral or in text 3.1.4 Content of Labour Contract 3.1.4.1 Content of Labour Contract according to the law of Vietnam The content of labor contract includes the required contents: Name and address of the employer, ID card number or legal document of the employee, Work and place of work, Term of labor contract, salary, form of salary payment, term of salary payment, salary allowances and other additions, rank promotion, upgrade, raising the salary, time of working, time of relaxing, social insurance, unemployment insurance, health insurance, training , fostering and improving the job skill levels for the employees in the process of contract performance and labor contract appendices 15 3.1.4.2 Content of Labour Contract pursuant to Korean Law If it is not necessary to sign the labour contract especially any type of labor contract can be signed in oral At the same time whether it is in oral or in text, it can only be freely included in the signed content, however certain working conditions must be shown in text, subject to Article 17 of Labor Code Including the contents in: ① salary ② time of working ③ time of relaxing weekly ;④ time of relaxing annually ⑤ place of work and articles related to the task must be done ⑥ articles in Labour Regulation ⑦ articles related to the Employee in hostel necessary to regulate clearly and explicitly 3.1.4.3 Similar and different points in the content of Labour contract in Vietnam and South Korea The content of labor contracts of two countries such as contract term, salary, working time, relaxing time about the same working conditions are all important conditions and are clearly shown in text 3.1.5 Type of Labour Contract 3.1.5.1 Type of Labour Contract pursuant to Vietnamese Law Labour contracts are divided into categories: (1) Indefinite term labor contract; (2) Definite term labor contract (within a period of 12 to 36 months); (3) Seasonal labor contract or a certain job with a term of less than 12 months 3.1.5.2 Type of Labour Contract pursuant to Korean Law Type of labor contract in the "Law on working time limit" is divided into categories: (1) The labor contract has a definite term of no more than years (2) indefinite term labor contract In case of a labor contract with a term of less than years, the employer may use the employee within years If the employer still wants to continue using the employee for more than years, he / she must sign an indefinite labor contract with the employee 3.1.5.3 Similiary and Difference in contract type of Vietnam and South Korea In Vietnam and South Korea, indefinite term labor contract is the same, while for a definite term labor contract, in Vietnam including 12 ~ 36 months while in Korea is less - only 24 months In addition, in Vietnam, after the term of the labor contract is expired, one more time of labor contract can be signed; In South Korea, it is not allowed to sign as such, but must transfer to an indefinite term labor contract if they want to continue hiring such workers 3.1.6 Sequence of Labour Contract Commitment 3.1.6.1 Sequence of Labour Contract Commitment in Vietnam Including: Proposal to commit the labor contracts, negotiating on contents, completing and signing the labor contracts, acts of the employers are not allowed to when committing and performing the labor contracts in Vietnam 3.1.6.2 Sequence of Labour Contract Commitment in South Korea Including: Proposal to commit the labor contracts, negotiating on contents, completing and signing the labor contracts, acts of the employers are not allowed to when committing and performing the labor contracts in South Korea 16 3.1.6.3 Similiarity and difference in the sequence and procedure of labour contract commitment of Vietnam and South Korea For the order and procedures for committing the Labor Contract in two countries, there are steps to propose, negotiate and then complete and commit the labor contract Especially in the valid time of signature in both countries, as well as the process of recruitment, negotiation there are a lot of similarities However, there are also differences in probation and obligations before signing the labour contract 3.1.7 Invalid Labour Contract 3.1.7.1 Invalid Labour Contract pursuant to Vietnamese Law Invalid contracts are divided into two categories: partially invalid labor contracts, wholly invalid labor contracts Problem on handling the invalid contracts and case law example in Vietnam 3.1.7.2 Invalid Labour Contract pursuant to Korean Law Invalid contracts are divided into two categories: partially invalid labor contracts, wholly invalid labor contracts Handling the breach of invalid contracts in South Korea 3.1.7.3 Similiarity and Difference on Invalid Labour Contract of Vietnam and South Korea There is a diffrence in the regulation between two countries on invalid labour contract as well as the problem of handling the invalid labour contract 3.2 Performance of Labour Contract 3.2.1 Transferring the task 3.2.1.1 Conducting the task in Vietnam Based on transference of the Employee to other task, Term of conducting the Employee to other task, Benefit settlement for the Employee are regulated in Vietnamese Law 3.2.1.2 Conducting the task in South Korea Conducting the Employee to other task is also admitted by law Accordingly, "for the employees who change their workplaces or change their jobs, it may be beneficial but may also be detrimental to the employees and the rights to change the category and content of the employer 's workplace recognized when considering the necessity of task ” 3.2.1.3 Similiarity and Difference in conducting the tasks in Vietnam and South Korea In Vietnam, this transference is only temporary as well as if it did not depend on the conditions as stipulated in the Labor Code, it will not be allowed to carry out eventhough in a short time Accordingly, although there are similarities in the transfer of the employees to other tasks in two countries, the regulations in Vietnam are slightly different in addition, and also quite strict and specific regulations ( For the sequence, time limit, salary ) on the contrary, in South Korea, there is no specific regulation, the rights of the Employers are extended 17 3.2.2 Amending, supplementing to the labour contract 3.2.2.1 Amending, supplementing to the labour contract pursuant to Vietnamese Law Procedure and the method of implementation, legal consequence in Vietnam 3.2.2.2 Amending, supplementing to the labour contract pursuant to Korean Law Lawful regulation on amending the labour contract, Main content of Labour Contract in Vietnam 3.2.2.3 Similiarity and difference in amending, supplementing to the Labour Contact in Vietnam and South Korea 3.2.3 Suspending the Labour Contract 3.2.3.1 Suspending the Labour Contract in Vietnam Cases of suspending the labour contract performance, Legal consequence of suspending the labour contract performance in Vietnam 3.2.3.2 Suspending the Labour Contract in South Korea Korean labor law has no specific regulations on suspending the labor contracts Except for the case that the employees and the employers have agreed or in labor contracts, labor rulles and Collective Labour Agreement, there is a regulation on temporary suspension of labor contracts As long as the content of such regulations does not breach the relevant clauses of the Law 3.2.3.3 Similiarity and difference in suspending the labour contract in Vietnam and South Korea In Vietnamese labor law, there is a regulation for suspending the implementation of labor contracts (Article 32 Vietnam Labor Code), and taking back the employees as the expiry of labor contract suspending term (Article 33 of Vietnam Labor Code) However, there are no regulations in Korea regarding this problem 3.3 Terminating the labour contract 3.3.1 Basis and procedure of terminating the labour contract 3.3.1.1 Terminating the labour contract pursuant to Vietnamese Law Terminating the Labor Contract in Vietnam is divided into categories: Terminating the Labor Contract due to the will of both parties, the will of the third party or due to legal events, terminating the Labor Contract due to one party’s will, Rights and obligations of the parties when terminating the labor contract 3.3.1.2 Terminating the labour contract pursuant to Korean Law The reason for terminating the labor contract is based on the "expression of the will of person concerned" in the labor contract, it is possible to divide the types of labor contract termination as follows Based on the reason of the will of person concerned, "terminating the labor contract is resignation, dismissal, the agreement to cancel the labor contract with the reason" automatic termination "is not related to the will of the employee or employer but terminating the labor contracts as the expiry of the labor term, to the retirement age, the subjects in labor contract disappear (the employee is dead or the 18 bankrupt company or the employer is dead) As for dismissal, in South Korea is defined slightly differently from dismissal in Vietnam, specifically as follows: regardless of the sequence or name as long as when all relations in the Labor Contract termination, the will of the employee is contrary to the idea Common sense of the Employers is called dismissal 3.3.1.3 Similiarity and difference in terminating the labour contract in Vietnam and South Korea The laws of both countries allow the Employees and the Employers to unilaterally terminate the labor contract, but in general ensuring that two of basic elements are the basis (reasons) for terminating and terminating procedures For the reasons for terminating the contract, both countries have recognized on the cases of terminating the labor contracts due to the Employees' faults such as the Employee does not complete the work, the employee is at fault and the cases of terminating the labor contracts because of economic reasons For the termination procedures, in general, both countries have required the party before unilaterally terminating the labor contract to perform the obligation to foretell It can be seen that evidences for terminating the labor contracts in Vietnam are specified quite specifically (quantitatively) while the grounds for terminating the Korean labor contracts are only qualitative Therefore, in South Korea, the case law is used quite a lot 3.3.2 Responsibility and right of parties as terminating the labour contract 3.3.2.1 Responsibility and right of the parties as terminating the labour contract in Vietnam At least 15 days before the date as Labour Contract is defined on expiration, the Employer must notify the Employee in text about the time of terminating the labor contract Within working days from the date of terminating the labor contract, both parties shall pay all the amounts related to the benefits of each party; In special cases, it may take longer but not more than 30 days The Employer is responsible for completing the procedures to confirm and return the social insurance book and other documents the Employer has retained of the Employee The Employer is responsible for paying the job termination allowance and job losing allowance pursuant to the lawful regulation 3.3.2.2 Responsibility and right of the parties as terminating the labour contract in South Korea 19 In the case of terminating the Labor Relations, it is certainly that Labor Relationship itself will terminate However, there are still rights and obligations after the Labour Relation is terminated For example, the right to claim wages or the right to claim damages after terminating the Labor Law is still valid for a certain period of time After terminating the labor contract, the Employee is still obliged to return the materials and materials of the company that were previously preserved In addition, according to the principle after terminating the Labor Law, it is still obligated to keep secrets related to the company, not allowed to disclose it 3.3.2.3 Similiarity and difference in interest responsibility as terminating the labour in Vietnam and South Korea Both countries have regulated the payment time for accompanied rights and obligations when terminating the labor contract However, there are differences in notifying obligations before termination 3.3 Comments, general evaluation on similar and different things in the law of Vietnam and South Korea on labour contract and interpretting base From the above comparative analysis, it can be seen that there are a lot of similarities between Vietnam and South Korea, but there are also fundamental differences in addition It can be seen that Vietnamese labor law and Korean labor law have a lot of similarities from signature and performance to termination of labor contracts Basically, the laws of both countries have admitted that labor contracts are established on the basis of negotiation between the parties This is considered as a basic element of labor contract and is a penetrating factor in all labor contract relationship from signature and performnce to termination of labor contract The parties are entitled to negotiate with each other on labor contract problems Similiarity and difference in the law of Vietnam and South Korea can be explained from some of following bases: - Firstly: In the tendency of integration, all countries tend to be compatible In particular, the current tendency is all towards the implementation of basic international labor standards, as all countries tend to participate and ratify the trade agreements Where the conditions for obtaining such approvals, the laws of countries must self adjust in accordance with international practice Therefore, national laws tend to have many similarities, including Vietnam and South Korea - Secondly, although there are a lot of similarities, it is not possible to blame the differences in the laws of two countries The reason for such differences is due to differences in the lawful system of two countries In the Vietnamese lawful system, it is a system of text norms (Civil Law) Paying attention to fill the legal gaps with legal issues issued by the legislature Lawful enforcement and judicial authorities are obliged to comply with predetermined legal rules, so they are rather restricted and are not close to the current reality 20 Thirdly, because the socio-economic conditions in Vietnam and South Korea are different This is one of the factors that makes difference between labor laws of Vietnam and South Korea Vietnam has developed a socialistoriented market economy while South Korea has developed a free market economy so Korean labor relations have developed more In addition, because the growth rate of Korean economy is quite fast as a resulat that emergence of many large and multinational companies, the requirement to build up a strict legal system is essential from such labor law also updated quickly so that it is conformable with the market economy situation, making clear differences between two countries in the lawful system in general and labor contracts in particular Conclusion of Chapter By means of researching the reality of labor law in Vietnam and Korea in a comparative perspective, the thesis draws the following conclusions: Both of Vietnam and South Korea have the lawful content of labour contract, presently including basic contents such as: Commitment, performance, terminating the labour contract In each of lawful contents, both countries have different similarities, the author stands at a comparative perspective to look at the analysis of each condition of the current Labor Law in both countries since then It is possible to learn, inherit and promote the rules and experience of law as promulgated Among the differences in regulation between two countries, it is possible to find out the inevitable advantages and inadequate existence of both countries These inadequate and inefficiencies are expressed in the regulation of labor contract subject, at the time of labor contract, in the issue of suspending the labor contract, conducting the employees to work in other positions to work and terminating the labor contracts for economic reasons In addition, there is too much intervention of legal regulations, making the agreement of labor contracts between the employees and the employers affected This situation raises the problem that is necessary to complete the law on labour contract of both countries of Vietnam and Korea to ensure the stable construction of labor relations between the employees and the employers in accordance with the development requirements of Market economy in the current context 21 CHAPTER 4: SOME SOLUTIONS TO COMPLETE THE LAW AND ENHANCE THE EFFECTIVENESS OF LAW ENFORCEMENT ON LABOUR CONTRACT IN VIETNAM AND SOUTH KOREA 4.1 Requesting to comple the law of Labour Contract in Vietnam and South Korea It is sure for the appropriateness in adjusting the law with the level of economic, social and production and business development as well as the development of Labor Relations It is sure for the compliance with changes in recruited labour conditions It is sure for the compliance with changes in viewpoints and perceptions of labor relations Further expanding the freedom of contract agreement between the parties Consistent with the tendency of international integration 4.2 Some petitions on completing the law of Labour Contract in Viet Nam and South Korea 4.2.1 For the applied object of Labour Law Form of occupation is increasingly diversified with the complexity of Korea's industrial types, making people appear between two types of the Employees and business people are increasing For example, people working at home, working people, tutors working at centers are called "Forms of special employee" and are increasing day by day The problem is that although there are a lot of features similar to the employees, those people are not admitted as the employees nor accepting the protection of Labor Law Moreover, the evaluation of those people whether they are employees or not is not clearly defined in the law but mainly based on the acknowledgment of case law, so there is a lot of controversy, due to standards The case law is not fixed nor does the Court arbitrarily analyze and evaluate the situation to make a judgment, so it is somewhat rather subjective Proposals: In order to grasp the whole of all employees, "Form of special employees", it is best to fully introduce the elements in the scope of the concept of “the Employee" to determine the problem The object of labor supply in accordance with labor contracts is to get salary firstly, when the economic dependence of the employee for the employer is high but not interested in the form of the contract, it is recognized as an employee and accepted and protected by Labor Code Or put all the rights and benefits of the "Employee with special morphology" into the conditions of law or adding the specific regulations applicable to the Employees with this form is a good way to bring efficiency, law enforcement Therefore, Vietnamese labor code needs to affirm the existence of employment relations of labor contracts to ensure the best protection for the Employees in the best way Proposal for South Korea: In South Korea, Safety Law and Social Insurance Law are recognized, the person must be recognized by the Labor Union as the previous employee, should add the concept and scope of 22 employees into the Labor Confederation, so the person can receive incentives from the Social Insurance Law and Labor Safety Law 4.2.2 For the term of Labour Contract Proposals for Korea: Currently, increasing the time of labor contracts with a term of ~ years is also an option But to prevent some people from abusing that time limit, this provision should only be applied to the Employees at the age of 35 and over From the age of 35 years and older, for a definite term labor contract, it is allowed to extend twice for years at a time Total of working time for the Employee will be years for a definite term labor contract Because it is very difficult for the Employees over 35 to conclude an indefinite labor contract right from the beginning so the extension of time can also help the Employees feel more unsafe Accordingly, if not converted to an indefinite labor contract, at least every two years can extend the working time to years and avoid causing insecurity to the Employees In case the term of labor contract ends but the Employer does not conduct the Employee to an indefinite term labor contract, it is necessary to include additional conditions on payment for allowance (compensation) In addition, when switching from a definite term labor contract to an indefinite term labor contract, it is necessary to regulate more conditions if refusing to transfer the labor contracts must give reason for properly rejection And in order to avoid discrimination between the Employees working in accordance with a definite term labor contract and the Employees working under labor contracts that not determine the terms of working conditions, they should be included in the regulations of law on relevant + Proposals for Vietnam: To avoid abusing the definite term labor contracts, total of time the employees have worked at that company must be calculated, not according to the term of the labor contract For example, a lot of employers take advantage of law gap but using the employees to sign labor contracts for more than 12 months but only signing a labor contract for less than 12 months, and every 12 months before that, there will be the Employees who take a break then signing again a labor contract for less than 12 months In order to avoid signing a labor contract with an indefinite term for the Employees, it is necessary to calculate the total of time that an employee works at a company, thereby determining whether the employee has converted to an indefinite term labor contract Similarly the employees working from 12 to 36 months will be counted as 72 months After adding turn of extension, the total is years, the Employee can be transferred to an indefinite term labor contract Pursuant to the Article 22 stipulating the current Labor Code, there is no condition on penalties for the employers on this problem For the Employees who work more than 72 months but cannot convert to an indefinite labor contract, there must be sanctions Means of sanction is to ensure the benefits for the employee As in South Korea, the current situation of abuse of labor contracts is becoming more serious, so in Vietnam, the more developed the economy is, the same problems that are likely to appear are inevitable 23 4.2.3 Suspending the labour contract Proposal for Korea: The temporary suspension at present of labor contract is hardly regulated by Korean law (except for maternity leave) Therefore, I think we should consult the suspension of Vietnam's labor contract 4.2.4 Conducting the Employee to work in other position Proposals for South Korea: Conducting the Employees should be based on the theoretical theories and case law from which to adjust appropriately to be included in the regulations of law and concretizing the management standards management of the employers on labor transfer to avoid abuse of authority Proposals for Vietnam: besides the regulations on conducting the Employees to other tasks which are not agreed in the contract, the law should consider admitting more cases of moving the place of work as conducted the task, it will often have a change of working location 4.2.5 For the case of “terminating the labour contract” due to the economic reason or changes of enterprise Both Vietnam and South Korea should promulgate the additional regulations on providing the information related to the transfer of labor rights from this Employer to another Employer when the enterprise changes for the Employees The employer should provide information about the volatility of Enterprise, the plan and the time, the cause as well as the purpose including the content of related clause It is necessary to supplement more the recommendations on legal consequences of terminating the unlawful labor contracts for the Employees: in particular, in Vietnam according to the current law, the Employees terminated the labor contract contrary to the procedures, t more serious legal consequences on terminating as unreasonable basis 4.3 Building up the Labour Contract Law in Vietnam and South Korea By mean of comparing the current labor law system in South Korea and Vietnam, we can draw the most common features in two systems, such as those employees who are subject to certain dependencies with the the employers as clearly defined in labor laws of both countries; All content as building the law follows the pattern of the Employees working in factories, fixed working places (Enterprises); Both of systems apply the sanctions if breaching the provisions of law, all agencies supervise the implementation of labor laws, and the basic content of standards in labor contracts are stipulated by the state This has a good point that employees can be protected by the state if their rights are breached However, there is a restriction that makes the Labor Relations declined even though it is an agreement between both parties, but in general it is very much influenced by the third party that is the state Therefore, seperating the labor contract into a separated law will make the Employees and the Employers to negotiate easier, without being restrained with the strict regulations of bidirectional labor law of public and private, so the Law 24 will bring the true nature of the relationship in contract rather than compulsory regulations In addition, the content of Labor Law can supplement the provisions on the subjects currently in the scope of controversy, whether or not the objects of the Labor Law (For example, the Employees who are Grap riders, or those who are freelance laborers, who are currently not entitled to the protection of Labor Law Although they have signed a contract with the company, they are not recognized as an employee As the economy grows, new types of labor become more and more diverse, but all those employees are not admitted as the employees, not entitled to privileges and privileges of the labor law It is required to develop a separate law on labor contracts that can meet the complex forms of labor today • Proposal for the method of building up the independent labour contract law in both countries including Vietnam, South Korea Labor Contract Law is based on clearly definition on the principle of fairness and equality between the Employers and the Employees, so it is a little different in nature from Korean Labor Union and the current Labor Code of Vietnam Accordingly, the clear division of the regulations is remained in the current law, and what rules will be included in the Labor Code is very important Part of the content is to respect the opinions of partners and the framework related to contractual relations, it will be transferred to the Labor Code, such as breaches of working conditions and the principles of labor contracts, dismissal of which unjustified reason, sacked for economic reasons, violated the notice before dismissal, And the rest of regulations play a role to protect the Employees, such as protecting the Employees as women and children , children at the teenage age, salary, working time off, labor safety, occupational accident compensation, regulating a part of Labour Relationship will remain in the current Law (Korea Labor Union, Vietnam Labor Code) Conclusion of Chapter 4: This thesis aims to focus on making comparative laws on labor contracts, so the scope related to the construction of the plan on Labor Law is not the main content, so it did not analyze in a specific way as a bill However, if the two countries have brought the Labor Law into a separate law, the regulations of building up, making the labor contracts, performing the labor contracts, amending and supplementing the labor contracts, as well as terms related to terminating the labor contracts can be considered through which can settle the professional disputes In addition, the role of the labor committee of both countries needs to be further strengthened and at the same time, it may be considered to separate a highly professional and professional labor court to settle the disputes on labor and strike according to a separated labor procedure in accordance with the nature and features of Labor Relations The comparison of laws in two countries will be useful to build up the Labor Contract Law, especially the bridge to enhance the relationship between Vietnam and South Korea in the field of labor law 25 IN CONCLUSION Labor contracts, labor relations are the most important problems of labor law in every country in the world, including Vietnam and South Korea In terms of nature, roles, morphology, and classification of labor contracts, there are a lot of painstaking research works in Vietnam, South Korea and other countries This is one of the advantages for shaking hands to research on this thesis The labor law system of Vietnam and South Korea promotes the labor relations according to the labor contracts and regulations on labor contracts are always interested in research and improvement in order to create the best legal corridor for labor relations, established and developed; not only like that, but also ensuring the changeable situations and changes of labor relationship such as a division, separation, consolidation, merger, transfer of ownership and the asset management for the units employing the labor forces; putting the cases and procedures on terminating the labor relationship, settling the benefits and handling the responsibilities of subjects related to labor contracts That is considered as the "frame" standard for labor relations A comparison of labor contract regulations according to the law of Vietnam and South Korea shows that, despite being different countries with different political, traditional, historical and cultural regimes But in aspect of nature and some regulations on labor contracts have many similarities In addition that due to different social and economic circumstances, the conditions on labor contracts, included the forms and contents have different points (This problem is mainly mentioned and analyzed in Chapter and Chapter of the thesis) By means of comparison, the thesis contributes to clarify the similarities and differences between two labor contract law systems between two countries of Vietnam and South Korea; contributing to improve the information on sharing, enhancing the comprehension, awareness of compliance and applying the regulations on labor contracts of related subjects (Vietnamese employees go to work in South Korea; Korean enterprises using the labor when conducting production and business in Vietnam These are two basic objectives, in addition, the thesis also contributes to enrich the scientific knowledge to help those who are interested in doing it materials used in scientific and academic activities of students By means of finding out the similarities and differences in the lawful regulations of both countries including Vietnam and South Korea on labor contracts, the thesis also draws on the core problems, thereby proposing the solutions to promote the completion of law Labor Contract Law of two countries in the direction of: expanding the subject concept of Labour Relationship according to Labor Contract; standards on suspending and terminating the labor contracts ; Building up a separate law on labor contracts; Recommendations are both practical and valuable to serve other research projects 26 ... difference between labor laws of Vietnam and South Korea Vietnam has developed a socialistoriented market economy while South Korea has developed a free market economy so Korean labor relations have... Vietnam, the countries in the world such as Korea, Japan, France, England, Germany, the form of committing the labor contracts also follows the principle of freedom: committing in oral or written... Vietnam and South Korea Since then, the comparison of laws in two countries has been made CHAPTER 3: LAWFUL REALITY ON THE LABOR CONTRACT FROM THE COMPARATIVE POINTVIEW BETWEEN VIETNAM AND SOUTH