This Labor Code will be basically and comprehensively revised to address 10 policies that the Government has submitted to the National Assembly before and some new and important policies including: solving problems and shortcomings arising in 6 years since 2013. The goal is to meet the requirements of institutionalizing the provisions of the 2013 Constitution and ensure the uniformity of recently promulgated laws. Meeting requirements from international economic integration and implementing labor commitments in trade agreements that Vietnam has ratified and acceded to. The purpose is to meet the requirements of institutionalizing the provisions of the 2013 Constitution and ensure the uniformity of recently promulgated laws; adaptation to the international economic integration and implementing labor commitments in trade agreements ratified by Viet Nam.
The meeting panorama
The draft consists of 17 chapters, 223 articles, down 19 articles compared to the current Labor Code. Amending and supplementing about 170 articles in all chapters, 2 articles of the Law on Social Insurance related to the adjustment to increase the retirement age ... Specifically, on expanding the agreement framework on overtime hours, the current Labor Code stipulates that the maximum total overtime must not exceed 200 hours per year, in special cases it shall not exceed 300 hours per year; the draft of the revised Labor Code proposed in special cases, increasing by 100 hours per year (from 300 hours per year to 400 hours per year). According to the draft (plan 1) from January 1, 2021, the retirement age for men is 60 years and 3 months, for women is 55 years and 4 months; after that, each year will increase by 3 months for men and 4 months for women until 62 years for men and 60 years for women.
Participants commented in the meeting
At the meeting, participants commented specifically on the content of the draft Labor Code (amended) on salaries, expanding the agreement framework on overtime; the right to unilaterally terminate the labor contract of the employee; regulations on retirement age of employees and policies for female workers; ... Specifically, the proposal remains the 48 hours per week, and overtime pay is about 1.5 times compared to normal wages to ensure competitiveness, because labor productivity is still low compared to many countries in the region, overtime wages remain high. The increase in retirement age must be suitable for each region, each field and each specific object. At the same time, the participants also proposed the drafting of the law according to the open mechanism appropriate to types of businesses.
Implementing the Resolution No. 28-NQ/TW, in order to ensure that many people are entitled to social insurance policies, increasing the retirement age, reducing social insurance payment time to 15 years, or 10 years instead of 20 years, adding July 27 as a public holiday were proposed during the discussion.
The opinions of the delegates will be summarized and proposed, and proposed to the National Assembly for consideration and addition to the Labor Code to ensure the rights and interests of employees in accordance with the principles and requirements set out in new period.