Inter-legalization regarding labor commitment in EVFTA

Hanoi (VNA) - Labor commitments in the EU-Vietnam FTA are expected to ensure fair competition between parties in trade relations. Therefore participants must abide by the commitments. Changes in regulations are evident since Vietnam is taking steps in asserting the interlegalisation of international labour standards to comply with the requirements.

Ratifying six out of eight basic Conventions

Labor commitments are listed within the Trade and Sustainable Development Chapter of the EVFTA. In essence, the EVFTA and CPTPP are similar, these are new-generation trade agreements that require participating countries to follow and maintain the rights stated in ILO’s 1998 Declaration on Labor Principles and Basic Rights.

The rules and rights of the 1998 Declaration are regulated in eight basic ILO conventions with four foundations: Freedom of association and collective bargaining (provided in ILO Conventions 87 and 98); eliminating all forms of forced or compulsory labour (ILO Conventions 29 and 105); eliminating child labour (ILO Conventions 138 and 182); equality and elimination of employment and occupational discrimination (ILO Conventions 100 and 111).

Moreover, labor commitments also mention tolerable labor standards regarding the working condition, working and resting time, minimum wage, labor safety and hygiene.

The National Assembly of Vietnam passed a resolution to join ILO Convention 98 on June 14. ILO Convention 98 is the sixth basic convention which Vietnam has ratified.

Fairer approaches

Nguyen Van Binh – Deputy Head of the Legal Department under the Ministry of Labor, War Invalids and Social Affairs said the approach on labour commitments will be based on national legislation. The revised Labor Code will adjust several provisions to be more in line with international labor standards.

According to Mr. Binh, regarding regulations on forced labour, child labour, acceptable technical labour standards on working time, break time, minimum wage, for labour safety and hygiene, the Labor Code has basically been in line with the relevant international labor standards. The amendment and supplement is adjusted to better suit the practical situation of Vietnam. Only two areas of principle of equality, non-discrimination and freedom of association and collective bargaining provided in the new-age free trade agreements are in accordance with Vietnam's labor commitments.

Regarding some provisions of the principle of equality, non-discrimination in employment in all aspects, Mr. Nguyen Van Binh explained, all aspects include factors such as race, color, language, gender, ethnicity, family condition, marital status, among others.

Many regulations on female workers will be revised in the revision of the Labour Code (Photo: PV / Vietnam +)

Mr. Nguyen Van Binh said that this revision introduces a new and modern approach from protecting female workers to promoting gender equality in a way that empowers women and makes women decision makers instead of issuing prohibition. There must be equal interests between men and women.

Mr. Nguyen Van Binh said that according to the current regulations, enterprises are responsible for providing subsidies and support for female workers while raising children to go to daycare centers and kindergarten, leading to discrimination against female workers, deepening gender stereotypes which taking care of children and family responsibilities belong to women. Therefore, the amendment of the principle of gender equality states that the policies for both male and female employees whose children are attending nursery and kindergarten remain the same.

Mr. Binh emphasized that this approach would greatly adjust the laws related to female workers. This is a change to be more in line with international labor standards and Vietnam's international commitments. However, these amendments are not simple because of cultural awareness, about many factors of the workers are very different.

The second issue concerns workers' freedom of association and collective bargaining, in which the Labor Code gives workers the right to establish their representative organizations and they can register with relevant authorities to represent workers in labor relations.

Regulations to ensure compliance with international labor standards, labor commitments in new-generation free trade agreements are being codified in the revised Labor Code. It is expected that during the 8th session of the 14th National Assembly at the end of the year, the National Assembly will approve the amended Labor Code./.