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Enhancing the implementation of Labor Law in reality

Recently, the Ministry of Labour - Invalids and Social Affairs (MOLISA) in collaboration with the International Labor Organization (ILO) and Dong Nai Department of Labour - Invalids and Social Affairs have held a workshop on deploying the plan ofconducting the inspection campaign in Garment sector which attracted the participation of more than 40 enterprises with the scale of less than 1,000 employees.​


This campaign deployment in the textile enterpriseswith small scale will contribute to strengthen and raise the enterprises’ awareness on the law, especially the Labor Law; this is a new approach to bring the law into practice.

Wanting to work overtime

Mr. Hoang Lam, Representative of Global Garment Company Limited, said: "With specific characteristics of garment sector, we are only allowed to increase working hours from 200 hours to 300 hours/ year. This period of time isn’t enough for us to produce especially at the time near Tet". This is also many other enterprises’idea as discussing with the Chief Inspector of  MOLISA at the Conference and they wish to increase the number of working hours.

Le Thi Huyen, personnel of Vinh Truong Phat Company, said: "Tothe enterprise operating in the Yarn sector like us, in the rush hours of exporting goods, we wish to increase the number of working hours worked but according to the law we are only allowedto work no more than 200 hours, and in some specific branches we are only allowed to work no more than 300 hours that have caused a lot of difficulties for us ... Another difficulty is that we have fully equipped the means of personal protection such as hats, buttons against noise, masks ... but the employees haven’t complied with theseregulations".​

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Replying to the enterprises’ recommendation, Mr. Nguyen Van Tien, Chief Inspector of  MOLISA said, according to Article 69 of the Labour Code (amended) and Article 5 of Decree No. 109/2002/NĐ-CPdated December 27th, 2002 amending and supplementing a number of Articles of Decree No. 195/CP dated December 31st, 1994 issued by the Government detailing and guiding the implementation of some Articles of the Labor Code of the working hours, rest time; the employer and the employee may negotiate on working overtime but no more than 4 hours per day, 200 hours a year.Except for some special cases, the working time can not exceed 300 hours a year. Special cases for no more than 300 working hours a year are defined as follows:

a) Enterprises, manufacturing facilities manufacturing or processing goods for export, including products: textiles, apparel, leather, footwear and seafood processing are allowed to work overtime with more than 200 hours to 300 hours/ a year if they have to solve urgent task which can not be postponed due to urgent requirements of production, or the unexpected objective factors.But they must comply with the following provisions:

- They must deal with employees. If the employeesworkin 10 hours or more a day, the employer must arrange for them to take a rest for at least 30 minutes in working hours, except the rest time in their normal work shift; in 7 continuous days, the employer must arrange for employees to have a rest at least 24 consecutive hours.

b) If other enterprises, manufacturingand business facilities which have  conditions like enterprises, facilities prescribed in Clause A of this paragraph have demand to work overtime from 200 hours to 300 hours a year , then: To the enterprises, manufacturing and business facilities under Ministries and Departments’ management, they have to ask for permission and approval of the Ministries and Departments; other enterprises, manufacturing and business facilities must ask for permission and approval of the Provincial People’s Committee or City directly under the Central Government.

Thus, due to the urgent request of the production, enterprises can deal with employeesto work over time of no more than 300 hours in a year, but they must comply with the above provisions.

Raising the awareness of legal compliance

According to Chief Inspector of MOLISA Mr. Nguyen Van Tien, it is a fact  that enterprises in general, businesses in garment industry in particular still violate lots of provisions stipulated in the Labour Code. The overall goal of this campaign is to increase awareness of labor law compliance, improveworking conditions of employees and propagandize to raise awareness about labor law policy for employees in GarmentIndustry, promote the role and responsible participation of the employers and trade unions, the social partners in labor inspection, thereby, add a new way of approaching the Labour Code to make positive changes in buildingthe labor relations harmoniously, improve the efficiency of production and business.

Regarding the management role of the trade unions, Vice President of the Provincial Labor Federation Mr. Doan Van Day said, after this conference, the Provincial Labor Federation wouldclosely coordinate with DOLISA to actively participate in the campaign until Sptember, 2015 investigation. Simultaneously, as a member of the Steering Committee of the Scheme 31 (Scheme of propagandizing labor law for the employees), the Provincial Labor Federation together with the Steering Committee would have a plan to guide the trade unionsto implement some major contents of the Labour Code, the Trade Union Law, the signing of labor contracts and social insurance (SI) for the employees, the regulations on labor safety, improving the working conditions of the enterprises ...

Also in this campaign, labor inspectors will inspect a number of legal requirements, focusing on issues of employees’ wages for  night shifts and working overtime, security measures of labor hygiene, analysis of working conditions, trainingon labor hygiene and safety as well as to promptly find outthe enterprises’ mistakes, then provide them with appropriate guidance, support ...

The major content of this Conference is to implement the inspection campaign. Besides, the Conference also focuses on the communication activities and introduces the provisions for 3 parties: labor inspectors, representative of employees (Trade Union) and enterprises with the scale of less than 1000 people. Propaganda activities with the manuals, leaflets, posters and the media are also conducted. The results of the campaign will be the basis for the wide deployment of large scale in many industries and sectors, to raise awareness and introduce a new approach to labor law for enterprises, employees and Trade Unions.

Anh Nguyet



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