Bảo đảm quyền của người lao động trong doanh nghiệp có vốn đầu tư nước ngoài ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY SCOCIAL SCIENCE GRADUATE ACEDEMY SOCIAL SCIENCE PHAM HOANG LINH ENSURING THE RIGHTS OF EMPLOYEES IN FOREIGN-INVESTMENT ENTERPRISES IN VIETNAM NOWADAYS Major : Jurisprudence Specialization : Economic Law Code : 62 38 01 07 ABSTRACTS OF JURISPRUDENCE PhD THESIS Hanoi 2019 This work is completed in: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences Supervisors: Associate Prof PhD Le Thi Hoai Thu Opponent 1: Associate Prof PhD Tran Thi Thuy Lam Opponent 2: Associate Prof PhD Duong Duc Chinh Opponent 3: PhD Pham Sy Chung This thesis is defended in the presence of the Academy-level Board of PhD Examiners held at Graduate Academy of Social Sciences At dated … 2020 This thesis may be searched in: - National Library of Vietnam - Library – Graduate Academy of Social Sciences PREAMBLE Necessity of the title The Law on Foreign Direct Investment in Vietnam promulgated in 1987, is the legal basis for the establishment and development of foreign-investment enterprises Since then, this type of enterprise has shown an increasingly important role, contributing to job creation, improving the quality of human resources, improving technological capacity, competitive capacity for socioeconomic development of the country, contributing to perfect the socialistoriented market economy institution, promoting the expansion of external relations, international economic integration Besides positive contributions mentioned above, many foreign-investment enterprises still have reality that not ensured fully the rights of workers, there are still many violations of laws related to the rights of employees This situation has left a bad image for both foreign investors and employees Therefore, good implementation of ensuring the rights of employees will contribute to respect the strictness of law, minimize economic losses for enterprises and negative impacts on the social order and security and investment environment in Vietnam These issues have been attracting interests, deeper research So, I have selected the official title “Ensuring the rights of employees in foreigninvestment enterprises in Vietnam nowadays” as my PhD thesis Research purposes of thesis Further research to deepen the theoretical issues on ensuring the rights of employees in general and employees in foreign-investment enterprises in particular On that basis, assess the status, giving solutions to improve the law and improve the efficiency of ensuring the rights of employees in foreigninvestment enterprises comply with international integration in Vietnam nowadays To achieve the above purposes, the thesis performs the following tasks:  Researching theoretical issues on ensuring the rights of employees in foreign-investment enterprises  Assessing the implementation of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays  Proposing some solutions to improve the law and improve the efficiency to ensure the rights of employees in foreign-investment enterprises in Vietnam nowadays Scope and object of research 3.1 Object of research The regulations of Vietnamese laws, conventions, UN recommendations, ILO conventions and reality of ensuring the rights of employees in foreigninvestment enterprises in Vietnam 3.2 Scope of the research  Regarding content: are theoretical and practical issues on ensuring the rights of employees in foreign-investment enterprises in relation with human rights in general  Regarding space: The thesis researches on ensuring the rights of employees in foreign-investment enterprises in Vietnam today according to the current law of Vietnam  Regarding time: The thesis limits the research scope from 2010 to 2020 and vision to 2030 The methodology and research method of the thesis The research of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays, Ph.D students based on dialectical materialism and historical materialism methodology of Marxism-Leninism, Ho Chi Minh ideology, Party and State’s views on human rights Specific research methods are mainly used:  The method of combining theory with practice and the interdisciplinary and interdisciplinary approach is used in all chapters of the thesis  The general analysis method is used to link research results from published works, reports, data in all contents of the thesis in order to understand, analyze the theoretical, practical issues to conclude scientific judgement, conclusions in each chapter and general conclusions of the thesis  The method of comparing jurisprudence is used to compare different viewpoints, provisions of law in stages and with provisions of international law  The proven method is used in the contents to provide evidence (regulations, documents, data, cases, etc) clarifying the opinion, arguments and comments  The scientific forecasting method is used to give solutions to improve the law and improve the efficiency of ensure the rights of employees in foreigninvested enterprises in Vietnam nowadays New contributions of the thesis Firstly, the thesis analysed deeply the theoretical basis, the concept, rules, contents, conditions and measures to ensure the rights of employees in foreigninvestment enterprises Secondly, the thesis analysed, assessed the implementation of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays on the content with aspects: the working right, the right to have income, the personal rights, the right to associate, the social security right and the reality of implementing measures to ensure the rights of employees in foreign-investment enterprises with aspect: from the state, from the employees and the representative organization of employee, from the employer and the representative organization of employer and from other measures Thirdly, the thesis proposed a number of solutions to improve the law and improve the efficiency of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays Scientific significance and practical implication of the thesis Scientific significance, the thesis systematically studies theoretical issues, contributing to building, completing the theoretical basis and the law on ensuring the rights of employees in foreign-investment enterprises in the context of international integration Practical implications, the thesis provides valuable scientific information in the promulgation and implementation of the law on ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays and is a reference for researching, teaching and for employees in general and for employees who are working or will work in foreign-investment enterprises in Vietnam Structure of the thesis In addition to the introduction, the list of abbreviations, conclusions, the list of published works of the author, the list of references and appendices, the thesis is presented with the structure of chapters, sections and pages Chapter 1: Overview of research and the theoretical basis of the title Chapter 2: Theoretical issues on ensuring the rights of employees in foreign-investment enterprises Chapter 3: Reality on ensuring the rights of employees in foreigninvestment enterprises in Vietnam nowadays Chapter 4: Improve the law and improve the efficiency of ensuring the rights of employees in foreign-investment enterprises in Vietnam CHAPTER 1: OVERVIEW OF RESEARCH AND ISSUES TO BE CONTINUED TO RESEARCH 1.1 Overview of research 1.1.1 Theoretical research on the rights and ensuring the right of employees The rights and ensuring the right of employees are issues which has been of interest to domestic scientists and international scholars [48]; [50]; [62]; [78]; [90]; [91] The published researches give the concept, characteristics and nature of human rights in general, in which employees's rights or employees's rights from the perspective of the Labor law, but has not yet many researches approach to ensuring the rights of employees in economic law perspective 1.1.2 Researchs on mechanisms to ensure human rights in general and the rights of employees in foreign-investment enterprises These researchs [50]; [81]; [17]; [32]; [60]; ect provided analysis and evaluation of mechanisms to ensure human rights in general, including the rights of employees However, these researchs have not studied yet in depth employees in foreign-investment enterprises 1.1.3 Researchs on measures to ensure human rights in general and the rights of employees in foreign-investment enterprises Measures to ensure human rights in general and the rights of employees are ways to make employees's rights implemented in practice, complied with labor standards Researching on this issue, many researchs of domestic and foreign authors [4]; [15]; [19]; [33]; [38]; [61]; [94] that have given their opinions on ensuring human rights in general and employees's rights in particular by many different measures However, these researchs referred to the role of employees, employers and professional social organizations in implementing and monitoring the implementation of employees's rights in foreign-investment enterprises rather little 1.1.4 Researchs on reality and solution to improve the law on the rights and ensuring the right of employees in general, employees in foreigninvestment enterprises in particular The reality and solutions to complete the law on the rights and ensuring the rights of employees in general and employees in foreign-investment enterprises in particular are also issues of concern to many domestic and foreign scientists [27]; [41]; [ 46]; [63]; [84]; [88]; [92] Some researchs have analyzed the violations of employees's rights in foreign-investment enterprises such as: extending working time; not implementing the labor safety regime well; the regime of social insurance, health insurance, signing of collective labor agreements, bonuses, fines, trade union activities are still lacking From that, propose some solutions to enhance the role of trade unions, harmonizing labor relations in foreign-investment enterprises Some researchs have also analyzed the inadequacies of some countries's legal systems for the management of foreign employees and pointed out the challenges with migrant employees problem and made some recommendations to overcome this real problems Besides, there are researchs on social responsibility with ensuring employees's rights The authors agree that: carry out social responsibility well (including: market and consumer responsibilities; environmental protection responsibilities; employees responsibilities; community responsibility) is one of the basis that help enterprises develop sustainably to contribute to the development of the whole society, including employees However, in reality, besides enterprises that actively perform social responsibility to the community, some enterprises have not actively implement social responsibility 1.2 A number of comments, evaluations of researchs related to the thesis title 1.2.1 General assessment of the research situation of title In general, the researchs and articles analyzed many different aspects and levels of ensuring the rights of employees in general and employees in foreigninvestment enterprises in Vietnam in the context of globalization By studying the situation of research in the researchs and articles that the author has approached can see that:  A number of researchs have studied the theory on ensuring human rights in general, including employees's rights in foreign-investment enterprises in particular The authors also analyze and give the concept of ensuring human rights in general, including employees's rights Although these works have not mentioned much about ensuring the rights of foreign employees, it is an important and core source for PhD student’s inheritance on the theory of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays  Most of the researches were conducted under the perspective of ensuring the rights of employees in the period when the economy began to transform, so it is not suitable with the context of international integration of Vietnam nowadays and the subjects still focus only Vietnamese labor law The international treaties that Vietnam has signed or acceded to have not been fully studied or not mentioned, so it has not fully shown the factors that have a strong impact on ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays  Published articles have had a number of assessments on the reality of law and actual situation in law application in the field of human rights protection in general without mentioning the rights of employees or recently assessing the ensuring the rights of Vietnamese employees in the Labor law but not yet assessed other laws also related to the ensuring of employees's rights such as the Law on Employment 2013, Law on Investment 2014, Law on Enterprise 2014, Law on Bankruptcy 2014, Law on Social Insurance 2014, Law on Exit, entry, transit, ect Author will absorb the results of these researchs as well as continue to analyze and evaluate a comprehensive way on both reality and actual situation from the perspective of economic law in ensuring employees's rights in foreign investment enterprises, at the same time, pointing out the limitations and shortcomings of the laws to continue improving the current legislation and improving the efficiency on ensuring the rights of employees in foreign investment enterprises  Researched works, some researchs provided solutions on improving Vietnamese law to ensure human rights, some researchs also provided solutions to complete the Labor law on ensuring human rights However, there has not been any researchs that provided solutions to complete the law on ensuring the rights of employees in foreign investment enterprises in Vietnam nowadays Conclusions and assessments from published researchs will be an important and valuable resource for author on inheritance in the researchs part to propose directions and complete solutions to ensure the rights of employees in foreign investment enterprises in Vietnam nowadays 1.2.2 The issues are debated nowadays  Ensuring the right of employees in foreign-investment enterprise in a socialist-oriented market economy, what extent does it create fair conditions for subjects to participate in labor relation?  Does ensuring the rights of employees in foreign-investment enterprises need to be done simultaneously with ensuring the rights of employers?  How should the renovation of employees's rights guarantee mechanism be held to maintain the leading role of the Vietnam Communist Party, ensure political stability and attract foreign investment?  Is there a need to change the method to ensure the rights of employees in foreign-investment enterprises?  What direction is there a need to improve and improve the efficiency to ensure the rights of employees in foreign-investment enterprises in Vietnam? With what solutions? 1.2.3 The problems which should be continued to research and develop  Firstly, it is necessary to clarify the concepts of rights and ensure the rights of employees in foreign-investment enterprises; What are the specific characteristics between ensuring the rights of employees in foreign-investment enterprises and ensuring employees’s rights in other enterprises type?  Secondly, what are the conditions of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays?  Thirdly, what is the relationship between ensuring the rights of employees in foreign-investment enterprises and the implementation of human rights in the context of international integration and the construction of Vietnam socialist rule of law state?  Fourthly, reality of ensuring the rights of employees in foreign-investment enterprises in Vietnam have what inadequacies and problems? Does it need to continue improving the theory of human rights in general and the rights of employees in foreign-investment enterprises in particular?  Fifthly, what directions and solutions have been proposed to improve the efficiency of ensuring the rights of employees in foreign-investment enterprises in accordance with the conditions of political stability, sustainable development, comply with the requirements of international integration in Vietnam nowadays? 1.3 The problems which be posed to research title 1.3.1 Theoretical basis  The theory of business freedom,  The theory of the relationship between social existence and social consciousness, the relationship between the common and the particular  The theory of "human rights"  The theory of benefit balance 1.3.2 Research question, research hypothese  The first research question: what is the ensurance of employees's rights in foreign-investment enterprises? What is the content? What principles, conditions and measures are required to implement? Does the law need specific provisions to ensure the rights of employees in foreign-investment enterprises? Research hypothese: currently, there are many different concepts on human rights, ensuring human rights including employees, these concepts are viewed from many different perspectives such as economics, philosophy, law, ect However, in the legal aspect, the concept of ensuring the rights of employees has only been discussed much in the perspective of labor law that has not been thoroughly considered from the perspective of economic law (Law on Investment, Law on Enterprise, Law on Bankruptcy, Law on Social Insurance, Law on Health Insurance, ect)  The second research question: in Vietnam nowadays, how is the reality of ensuring the rights of employees in foreign-investment enterprises? Research hypothese: at present, many foreign-invetment enterprises have well performed to ensure the rights of employees, contributing to building a harmonious, stable and sustainable labor relations There are also many foreigninvetment enterprises that have not performed well to ensure the rights of their employees, causing consequences such as conflict of interests, labor disputes, loss of business, fleeing employers, bankruptcy of enterprises, ect  The third research question: how are the legal regulations on ensuring the rights of employees applied in reality? Is it sufficient? What are the problems and shortcomings? Research hypothese: ensuring the rights of employees are recorded in many different legal documents such as the Constitution, Labor Code, Law on Employment, Law on Social Insurance, Law on Enterprises, Law on Bankruptcy, etc have been disclosing limitations and inadequacies (lack of uniformity) when applied in the context of socialist-oriented market economy development in Vietnam nowadays have affected legitimate, justifiable rights and interests of employees in enterprises in general and in foreign-investment enterprises in particular ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays The approach from the perspective of economic law: The research title of the thesis is specialized in Economic Law; therefore, the approach of the title is to study the guarantee of the rights of employees in foreign-investment enterprises under the current Vietnamese law from the perspective of economic law; abide by the provisions of the labor law and put them in relationship with the guarantee of employees' rights in Law on Employment, Law on Social Insurance, Law on Health Insurance, Law on Unemployment Insurance, Law on Investment, Law on Enterprise, Law on Bankruptcy, ect The approach from a practical perspective: from well-performing FDI enterprises and FDI enterprises which have not performed well on ensuring the rights of employees is the main approach of the topic CONCLUSION OF CHAPTER Ensuring the rights of employees in foreign-investment enterprises is not a new issue and has been studied in various different fields: philosophy, economics, society, law, ect PhD student have evaluated topics, book, articles of domestic and foreign scholars, showing that researchs related to labor rights ensurance in Vietnam during the period of international economic integration have been resolved in many aspects both theoretically and practically However, there are still some aspects that are remain open or have not been studied in depth and resolved thoroughly PhD student will selectively acquire this on the basis of comprehensive analysis, comment, update, aggregation, system and inherit the results of published researchs, simultaneously develop theoretical issues on ensuring the rights of employees in foreign-investment enterprises CHAPTER 2: THEORETICAL LAW ISSUES ON ENSURING THE RIGHTS OF EMPLOYEES IN FOREIGN-INVESTMENT ENTERPRISES 2.1 The concept of ensuring the rights of employees in foreign-investment enterprises 2.1.1 The concept, characteristics of labor relations in foreign-investment enterprises The labor relations in foreign-investment enterprises is social relations arising in hiring, using and paying wages between employees and employers are governed by the law and guaranteed by the state Labor law relations in foreigninvestment enterprises has characteristics: subject always has foreign elements; the object is not only affected by the relationship between supply and demand in the labor market in the country but also in the world; Its content is governed by various domestic and international laws 2.1.2 The concept of rights and ensuring the rights of employees in foreigninvestment enterprises The right of employees in foreign-investment enterprises is the ability of employees to be treated in certain ways which not prohibited by law or permitted by the state when participating in labor relations Employees may conduct certain activities that are beneficial to their wishes or refuse if it is unnecessary or disadvantageous The subject rights of employees in foreign-investment enterprises are unified of three possibilities: Firstly, employees can perform certain actions of their own or conduct themselves according to the law to achieve benefits when participating in labor relations Secondly, it is possible to require employers to fulfill their obligations in order to response the implement of their rights, to request termination of actions that hinder employees from implementing their legal rights and obligations Thirdly, it is possible to request the competent authorities to ensure their legitimate rights and interests when being abused The rights of employees in foreign-investment enterprises in terms of content are expressed in the following aspects: employment right, income right, personal right, freedom of association right, social security right Ensuring the rights of employees in foreign-investment enterprises is the combination of the methods and measures prescribed by law and make the rights of employees implemented in reality, making sure that the employees are entitled to enjoy, perform, and claim about rights recognized by the society, the law or things more beneficial than the provisions of law and society 2.1.3 Conditions to ensure the rights of employees in foreign-investment enterprises The State must be object that has decisive player in the operation of the mechanism to ensure the rights of employees in foreign-investment enterprises;  Must clarify the responsibilities of entities involved in the process of ensuring the rights of employees in foreign-investment enterprises;  Must be based on socio-economic development, educational level, cultural and historical traditions;  Must improve the capacity of the system of social organizations and institutions, which is a condition for performing the function of inspection, supervision and social criticism during the operation of the mechanism to ensure the rights of employees in foreign-investment enterprises 2.1.4 The necessary of ensure the rights of employees in foreign-investment enterprises  Ensuring the rights of employees in foreign-investment enterprises is one of the decisive factors in building and developing stable, harmonious and progressive labor relations  Ensuring the rights of employees in foreign-investment enterprises to implement human security and human development on the basis of sovereignty and national security 2.2 Principles of ensuring the rights of employees in foreign-investment enterprises  Ensuring the rights of employees in foreign-investment enterprises on the principle of harmonizing with ensuring the lawful rights and interests of employers  Ensuring the rights of employees in foreign-investment enterprises to perform equally without discrimination  Ensuring the rights of employees in foreign-investment enterprises on the principle of encouraging agreements that are more beneficial to employees than regulation of the law 2.3 Contents of ensuring the rights of employees in foreign-investment enterprises 2.3.1 Ensuring the right to work freely, not forced Employment is one of the most basic human rights, because when people has employment, they will have a stable source of income and life Ensuring the employee's freedom of work and not being forced through the restriction on termination of employment by employers, protecting their employees to work long-term, unchanged, unreasonably lost jobs, ect 2.3.2 Ensuring the right to get salary equally, fairly The right of ensuring income and life is one of the basic rights of employees, because this is the goal of employees when they join the labor relations The law states everyone has the right to be paid equal for the same work without any discrimination 2.3.3 Ensuring the personal rights This is a basic group of rights that must be respected and protected in order to ensure the life, health, honor and dignity of employees when participating in the labor relation 2.3.4 Ensuring the freedom association right of employees Freedom of association is the right of interaction of employees and employers It is one of the international labor standards The freedom of association right includes the right of internal association and the right of external association The right of internal association is expressed in two aspects: the right to establish, join an organization representing itself for the purpose of interaction in labor relations and the right to conduct a strike The right of external association is the organization of employees's representatives working with other subjects, which may be close social partners in the field of labor such as the Government, Trade Union - the representative organization of employees 2.3.5 Ensuring the right of social security Ensuring the right of social security is to provide the welfare for employees through the State mechanism to prevent the decline in living standards or improve low living standards On the basis of legal and practical, social security responsibilities of enterprises are expressed in two aspects: compulsory social security and non-compulsory social responsibility In which, compulsory social security activities are mandatory activities prescribed by the State to ensure the social security rights of employees when participating in labor relations, non-compulsory social security activities are the commitment and behaviour of enterprises to improve the quality of life of the workforce and their families 2.4 Measures to ensure the rights of employees in foreign-investment enterprises 2.4.1 Measures to ensure the rights of employees from the State Firstly, the State ensures the rights and interests of employees by administrative measures This measure is reflected in the provisions of the national law on inspection and sanctioning of violations In Asean countries, the inspection model consists of: unified inspection and two inspection systems The model of unified inspection (also called general inspection in which the labor inspectorate is responsible for: employment, relations jobs, occupational health and safety, occupational hygiene organized in Vietnam, Laos, Myanmar, Cambodia, Indonesia, Philippines, Thailand, Malaysia The model of two labor dispute investigation systems is a model in which at least two different government agencies are responsible for labor inspection: agencies conducting general inspection of working conditions, salary, labor relations and specialized inspection agencies on occupational safety, occupational health and working environment Secondly, the State ensures the rights and interests of employees by judicial measures This is a measure that is passed through decisions and rulings of competent agencies (judicial activities of the Court) to ensure the rights of employees when labor disputes occur and other methods of settlement such as mediation, negotiation not achieve results In Europe, some countries have a Labor court specialized in resolving labor disputes There are no labor courts in the United States, Russia, Japan, ect so labor disputes are brought to civil courts 2.4.2 Measures to ensure the rights of employees from the employee and the employee's representative organization This group of measures includes: employees ensure their own rights; employees link together as collective rights through the activities of a representative organization (trade union model or a parallel model of both types of labor collective representatives, which is trade union and organization not part of a union system) to guarantee their rights 2.4.3 Measures to ensure the rights of employees from the employer and the employer's representative organization Measures to ensure the rights of employees from the employer and the employer representative organization are measures to show respect and strictly perform the obligations prescribed by the law Simultaneously, the employer also adopts the social responsibility of enterprise to ensure labor safety, labor hygiene, social insurance, health insurance, unemployment insurance, accident insurance, occupational diseases, social assistance, ect better CONCLUSION OF CHAPTER Researching the theoretical basis of ensuring the rights of employees in foreign-investment enterprises, the thesis analyzed the concepts, conditions, principles, content and measures to ensure the rights of employees in foreigninvestment enterprises Due to the complicated and diverse nature of employees's rights in foreign-investment enterprises in particular, the security measures are also very diverse, such as taking measures directly from the State, representatives, voluntary measures, agreement, ; In addition, it is also indirectly through reply and suggestions from professional social organizations, economic associations, political organizations, socio-political organizations, ect in the context of Vietnam is are promoting the industrialization and modernization CHAPTER 3: REALITY ON ENSURING THE RIGHTS OF EMPLOYEES IN FOREIGN-INVESTMENT ENTERPRISES IN VIETNAM NOWADAYS 3.1 Overview of the foreign investment enterprises in Vietnam Vietnam has 714.000 enterprises including 16.178 foreign investment with 18% of GDP Job in FDI sectors increases 3,4% There was only 330.000 people in 1995, but now more than 3.6 milion people; creates – milion of jobs 3.2 Reality of content on ensuring the rights of employees in foreigninvestment enterprises in Vietnam 3.2.1 Regarding ensuring the employment right of employees Ensuring the the employment right of employees in foreign-ivestment enterprises is firstly to ensure the freedom of labor and freedom of employment for employees To ensure this right, the law prohibits discrimination, forced labor, hired employees who are below the minimum working age from employers; stipulates that employees are allowed to choose professions, workplaces, vocational training, training and improving occupational skills qualifications; ensured jobs which comply with the jobs and places of work, the terms agreed upon in the labor contracts, ensured jobs in case the enterprise changes its organizational structure, production technology or splits, merger, consolidation For foreigners (foreign employees and employers) in foreignivestment enterprises, their employment right must meet certain conditions: ensuring of entry and exit conditions, conditions of work permits 3.2.2 Regarding ensuring the incomes right of employees Income rights has significant meaning with employees in general and employees in foreign-ivestment enterprises in particular because incomes is a direct impact on the daily lives of employees and their families The 2019 Labor Code has the entire Chapter VI (from Article 90 to Article 104) to regulate salary Accordingly, the employer must pay salary directly, fully and on time; pay overtime pay, salary for working at night/on weekend/on holidays for employees 3.2.3 Regarding ensuring the personal right of employees Article 35, Constitution 2013 states that: “Employees are ensured fair and safe working conditions; receive salaries and rest regimes”, besides the provisions of the Constitution, Labor Code, Labor Sanitation and Safety Law regard human rights as one of the basic and important rights for employees in general and employees in foreign-ivestment enterprises in particular under provisions of the Constitution The law stipulates that employees are ensured labor safety and sanitation, ensure reasonable working and rest time, on the contrary employers are strictly prohibited from mistreating employees, forced labor, exploitation of labor force, violations to employment or honor and dignity of employees, ect 3.2.4 Regarding ensuring associaation rights of employees Since the 1990s, the labor regulations for foreign-investment enterprises issued with Decree No.233/HDBT dated June 22, 1990 stipulate: “The labor representative is the president or the person authorized by the trade union executive committee of Vietnam General Confederation of Labor system” Along with that, some other documents continue to acknowledge in reality, employee representatives include: grassroots trade union or representatives of the labor collective elected and may only perform certain acts Up to now, the Labor Code 2019 has stipulated in Chapter 13, from Article 170 to Article 178, the guarantee of employees's freedom of association has been improved, but still general, need Government’s guidance 3.2.5 Regarding ensuring social security rights of employees The Constitution 2013 states that: "Citizens have the social security right" Along with the provisions of the Constitution, the legal system of social security is increasingly completed with the issuance of many important legal documents such as: Labor Code 2019, Law on Social Insurance, Law on Health Insurance, Ordinance on preferential treatment of people with meritorious services to the revolution, Law on Employment, Law on Labor Sanitation and Safety, Law on Vocational Education, Law on the Elderly, Law on Persons with Disabilities, Law on Children, Law on Prevention of Domestic Violence, ect Whereby, regarding the model, the social security system in Vietnam includes main pillars: Insurance regimes: social insurance, health insurance and unemployment insurance; Social incentives; Social assistance 3.3 Regarding measures to ensure the rights of employees in foreigninvestment enterprises in Vietnam 3.3.1 Actual situation of applying measures to ensure the rights of employees in foreign-investment enterprises from the State The State is an important subject on ensuring the rights of employees in general and employees in foreign-investment enterprises in particular because the State is the subject can ensure the rights of employees in foreign-investment enterprises in many ways: administrative measures, judicial measures, socioeconomic measures, ect 3.3.2 Actual situation of applying measures to ensure the rights of employees in foreign-investment enterprises from the employees and their representative organizations Firstly, beside the division of employees who are aware of the importance of ensuring their own rights, there is a significant part of the employees in general and the employees in foreign-investment enterprises in particular have not yet been proactive, actively implemented the rights under the law, such as the right to dialogue, negotiating, the right to consult, the right to join trade unions, ect From that, leading to a situation that employees are weaker in labor relations Secondly, as of 2019 the number of grassroots unions in foreigninvestment enterprises is 8,431 units with 3,619,292 union members In general, foreign-investment enterprises with trade union organization have implemented many meaningful programs such as: dissemination, propaganda, consultant for employees; speeding up negotiation to sign a collective labor agreement, ect However, there is still a part of trade union organization which is still hard and formal, not really come from the characteristics of enterprises and legitimate aspirations of employees 3.3.3 Actual situation of applying measures to ensure the rights of employees in foreign-investment enterprises from the employers and their representative organizations Firstly, at present, most employers in foreign-investment enterprises have been aware of the necessity, meaning and importance of ensuring the rights of employees A part of employers in foreign-investment enterprises has been proactively conducting dialogues with employees at the workplace, implementing the grassroots democracy regulation, organizing labor conferences to contribute to reducing strikes; building a harmonious and stable labor relations at enterprises However, besides the positive results achieved, there is still a part of employers in foreign-investment enterprises that have not seriously implemented, violated rights of employees, led to labor disputes or stopped collective work, ect Secondly, Vietnam Chamber of Commerce and Industry (VCCI) and Vietnam Cooperative Alliance (VCA) are organizations that represent employers to support the development of harmonious and stable labor relations; supervise the implementation of labor law provisions of employees However, in reality, their activities are still limited 3.3.4 Actual situation of applying measures to ensure the rights of employees in foreign-investment enterprises by other measures Besides the above measure, foreign-investment enterprises also ensure the rights of employees through the implementation of social responsibility Beside the businesses implement social responsibility well (enterprises from Northern Europe, Japan, ect), there are still many enterprises that have not paid attention and even violated social responsibilities in general and responsibilities for employees in particular 3.4 Assessing the actual situation of ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays The legal system on ensuring the rights of employees in general, including foreign employees in foreign-investment enterprises in Vietnam has been developed, completed and complied with the provisions of international law which Vietnam is a member However, besides the positive side, there are still certain limitations: not ensuring the consistency among laws, some regulations of Labor Code have yet to follow-up the development of the market economy and lack of implementation guidelines Actual situation of ensuring the rights of employees in foreign-investment enterprises in Vietnam from the State, employees, employers and representative organizations has both positive side and limited side CONCLUSION OF CHAPTER From the above analysis, it shows that researching the reality of ensuring the rights of employees in foreign-investment enterprises in terms of content including: ensuring employment rights, incomes right, personal rights, associate rights, social security right and assessing from the perspective of the subjects implementing measures to ensure the rights of employees: the State, the employers and their representative organization, the employees and their representative organization, other measures What are the ways to implement employments's rights ensurance? What extent is enforcement effectiveness assessed? Depending on many factors such as social responsibility of enterprises, legal awareness, sanctions, the rigor of competent agencies, policies to encourage and attract investment, ect The legal system on ensuring the rights of employees in general, including employees in foreign-investment enterprises in Vietnam has been developed and improved From Constitution 2013, Codes, Laws, Decrees, Circular, ect have institutionalized to ensure the rights of employees in general and employees in foreign-investment enterprises in particular The law is an important tool to ensure the rights of employees in foreign-investment enterprises beside economic and social measures CHAPTER 4: IMPROVING THE LAW AND IMPROVING THE EFFICIENCY OF ENSURING THE RIGHTS OF EMPLOYEES IN FOREIGN-INVESTMENT ENTERPRISES IN VIETNAM 4.1 Requirements and directions for improving the law and improving the efficiency to ensure the rights of employees in foreigninvestment enterprises in Vietnam Requirements in improving the law and improving the efficiency of ensuring the rights of employees in foreign-investment enterprises in Vietnam are: building harmonious, stable and progressive labor relationships; ensuring the importance of the representative organization of employees in labor relations; meeting requirements of international integration The direction to improve the law and improve the efficiency to ensure the rights of employees in foreign-investment enterprises in Vietnam are: overcoming the inadequacies of the current regulations, innovating the State management tools in the field of labor; ensuring consistency in adjustment and law enforcement, reconciling flexibility and sustainability in the conditions of market economy development in Vietnam in the context of international integration; internalizing gradually the international labor standards; continue to improve the market mechanism to create favorable conditions for the development of labor market elements; improving the law on ensuring the rights of employees should face challenges before the Industrial Revolution 4.0 affecting labor relations in foreign-investment enterprises in Vietnam 4.2 Solutions to improve the law and improve the efficiency to ensure the rights of workers in foreign-investment enterprises 4.2.1 Completing a number of provisions on content to ensure the rights of employees in foreign-investment enterprises Firstly, completing the legal regulations to ensure the right to work of employees in foreign-investment enterprises Secondly, completing the legal provisions on ensuring income for employees Thirdly, completing the legal provisions to ensure the personal rights of employees Fourthly, concretize legal provisions on ensuring of trade union freedom of employees in foreign- investment enterprises Fifthly, complete and concretize the legal provisions to ensure the social security rights of employees in foreign-investment enterprises Sixthly, concretizing the law provisions on labor dispute resolution, the provisions on administrative procedures related to employees 4.2.2 Capacity building of subject in ensuring the rights of employees in foreign-investment enterprises Firstly, improving the capacity of State management agencies in ensuring rights of employees in foreign-investment enterprises Secondly, solutions to improve the capacity of employees and employees's representative organizations Thirdly, solutions to improve the capacity of employers and employers' representative organizations Fourthly, improving the capacity of other entities (Socio-political organizations, social-professional organizations ) CONCLUSION OF CHAPTER With the content analyzed in Chapter 4, it shows that improving the law on ensuring the rights of employees to overcome the shortcomings, limitations on employment rights, imcomes right, personal rights, freedom of association, the right to social security ensures better than the rights of employees in foreigninvestment enterprises To improve the efficiency of ensuring the rights of employees in foreigninvestment enterprises, the following subjects are required: Government, employees, representative organization of employees, employers, representative organization of employers and other subjects need to be proactive, more active in enforcing the law on ensuring the rights of employees in foreign-invested enterprises Therefore, in order to improve the law on ensuring the rights of employees, It is necessary to codify in writing a high-value legal document which have widely disseminated and hardly ever change with contents comply with ILO's international labor standards, ensuring consistency and uniformity with the whole current legal system in Vietnam CONCLUSION Ensuring rights of employees in foreign-investment enterprises is no longer a new phenomenon but it has always been topical This is a problem that has been getting much attention from researchers, policymakers, legislators The law on this issue has been gradually improved through the country's development periods However, the current regulatory effect has yet to meet the economic development requirements in the integration period, especially provided that Vietnam has participated in CPTPP and ratified Convention 98 of ILO So research: “Ensuring the rights of employees in foreign-investment enterprises in Vietnam nowadays”, clarified the theoretical and practical issues of legal adjustment to propose solutions and recommendations to improve the law in this area The research results of the thesis can draw the following conclusions: Ensuring the rights of employees in foreign-investment enterprises are governed by labor relations in this type of enterprises Whereby, employees are committed to completing a type of work, fully complying with labor regulations and other internal regulations during the labor process; The employer must fulfill the obligations to the employee as committed, pay wages based on productivity, quality, and performance The laws of the countries in the world are similar in terms of the obligations of the employer to the employee and the degree of dependence of the employee on the employer Besides, labor relations in foreign-investment enterprises are complex, including both domestic and legal foreign employees and illegal foreign employees, The employer has a nationality of foreign and Vietnam employer To attract the foreign workforce, the laws of countries stipulate specific conditions on qualifications, work permits, labor term, ect to select or regulate The current legislation on ensuring the rights of employees in general and foreign employees in particular, working in foreign-investment enterprises in Vietnam has been gradually improved, The amendments and supplements also follow the approach of ILO and UN conventions, ect In addition to the positive and positive progress, the law on ensuring the rights of employees in foreign-investment enterprises in Vietnam also has inadequacies and limitations such as not yet synchronized, many inconsistent regulations no longer suit the labor market reality as well as the development of the market economy or are incompatible with international treaties that Vietnam has signed or acceded to These inadequacies have affected the rights of workers and to the interests of employers, and the common interests of society Improving the law to ensure the rights of employees in foreigninvestment enterprises in Vietnam must ensure both theoretical and practical requirements First of all, it is necessary to internalize the international legal regulations to which Vietnam is a party to or has ratified Continue institutional reforms to improve the efficiency of state agencies and entities in the mechanism to ensure the rights of workers in general and employees in foreigninvestment enterprises in particular In the process of promulgating and enforcing laws to ensure the rights of employees in foreign-investment enterprises, Vietnam needs to learn the experiences of developed countries in the world LIST OF AUTHOR’S PUBLISHED SCIENTIFIC WORKS IN RELATION TO THE THESIS Pham Hoang Linh (2019), Improvement on Legal Regulations for Assurance of the Equality of Rights of the Foreign Workers in the Foreign Direct-invested Enterprises in Vietnam, Legislative Studies, no 16(392), in August, 2019 Pham Hoang Linh (2019), Solutions for improving quality of dialog in work place in foreign invested enterprises in Vietnam at present, Democracy and Law, no (330), 2019 ... in Vietnam These issues have been attracting interests, deeper research So, I have selected the official title “Ensuring the rights of employees in foreigninvestment enterprises in Vietnam nowadays”... context of international integration of Vietnam nowadays and the subjects still focus only Vietnamese labor law The international treaties that Vietnam has signed or acceded to have not been fully... Vietnam CONCLUSION Ensuring rights of employees in foreign-investment enterprises is no longer a new phenomenon but it has always been topical This is a problem that has been getting much attention