The revised Labor Code, effective from January 1, 2021, has many new points with the aim of harmonizing interests between employees and employers.

The revised Labor Code, effective from January 1, 2021, has many new points with the aim of harmonizing interests between employees and employers.

In particular, there are many new points related to the direct benefits of workers that deserve attention as follows:

1. Increase the retirement age to 62 for men and 60 for women

The new Labor Code states:

The retirement age for workers in normal working conditions is adjusted according to the roadmap until they reach 62 years of age for men in 2028 and 60 years for female workers in 2035.

From 2021, the retirement age for ordinary employees is 60 years and 03 months for men; full 55 years 4 months for women. Thereafter, each year increased by 3 months for male employees; 04 months for female employees.

Particularly for people with reduced working capacity; doing heavy, hazardous, dangerous or extremely heavy, toxic or dangerous jobs or jobs or working in areas with exceptionally difficult socio-economic conditions may retire before 05 years of age .

Compared to the current Labor Code 2012, the retirement age of employees has increased significantly; At the same time, for specific jobs, the retirement before the age is also stipulated more clearly.

2. National Day is 2 days off

In addition to raising the retirement age, notably, the revised Labor Code also adds one more day of the year on the day immediately adjacent to the National Day, either September 1 or September 3 depending on the solar calendar. Every year.

And so, the total number of public holidays and New Year holidays will increase to 11 days, including:

- Get the solar calendar: 01 day;

- Lunar New Year: 05 days;

- Independence Day (April 30): 01 day;

- International Labor Day (May 1): 01 day;

- National Day: 02 days;

- Hung King's death anniversary (March 10 in lunar calendar): 01 day.

During these days, employees are entitled to a break from work and full pay.

3. Increase the overtime hours by the month to 40 hours

Regarding working hours, in the immediate future, to keep the normal working hours as prescribed by the current Code and to work out the schedule to reduce the normal working hours at an appropriate time.

Ensure the overtime of employees does not exceed 50% of normal working hours in 01 day; if the weekly working hours apply, the total number of normal working hours and overtime hours shall not exceed 12 hours / day; no more than 40 hours / month; no more than 200 hours / year, except for special cases where the overtime does not exceed 300 hours / year.

The only difference in overtime prescribed in the Labor Code 2019 and the Labor Code 2012 is:

The number of overtime hours in a month increases to 40 hours instead of 30 hours and more specifically, cases of overtime work up to 300 hours / year include:

- Producing, processing and exporting textiles, garments, leather, shoes, electricity, electronics, agricultural, forestry, salt production and aquatic product processing;

- Producing, supplying electricity, telecommunications, oil refining; water supply and drainage;

- In case of handling jobs requiring labor of high professional and technical qualifications that the labor market does not provide fully and promptly;

-In case of urgent work, cannot be delayed, due to the seasonality and timing of raw materials, products ...

4. Prohibiting the employment of labor for the purpose of human trafficking

In addition to the prohibited acts in the labor relations under the current law such as prohibiting discrimination, mistreatment, forced, sexual harassment, etc. entice, induce, promise, deceitful advertising or other tricks to recruit workers for the purpose of trafficking, exploitation or forced labor.

This is considered a timely recognition of lawmakers to protect workers against the situation of organizations and individuals blatantly sending workers to illegally leave the country, which has annoyed public opinion recently.

5. Expand the scope and object adjustment

If the Labor Code 2012 stipulates labor standards; rights, obligations, responsibilities of employees, employers ... in labor relations and other relations directly related to labor relations, the Labor Code 2019 extends to more subjects is a person who does not have an employment relationship and has a number of separate standards.

6. Unilateral termination of the contract without cause

In order to overcome the limitations and inadequacies from the application of unilateral cases of contract termination of workers, the Labor Code 2019 gives employees the right to unilaterally terminate the contract without reason. You only need to notify in advance according to the time limit specified for the type of contract.

At the same time, the employee is also entitled to request the employer to provide copies of documents related to his / her employment process upon termination of the labor contract; The cost of the supply is paid by the employer.

7. Recording the form of electronic labor contract

Stemming from practice, with the development of science and technology, the conclusion of labor contracts is not merely in writing, words or acts. Therefore, the new Labor Code has recognized the form of concluding labor contracts through electronic means with the same value as a written labor contract.

8. Periodic dialogue at the workplace once a year

Instead of the regular organization of 03 months / time as currently, the amended Labor Code has increased the time for organizing periodical dialogues at the workplace to 1 year / time; at the same time, adding a number of cases where employers must organize dialogues such as due to economic reasons that many workers are at risk of losing their jobs or have to quit their jobs; when building the wage scale, payroll, labor norms.

9. Do not interfere directly with the salary of the business

If the Labor Code 2012 stipulates, the Government publishes the regional minimum wage, then in the Labor Code 2019, the Government only publishes the minimum living standard of workers and their families. This means that, despite paying the lowest wage, businesses still have to ensure a minimum living standard for workers.

In addition, businesses are proactive in building wage scales, payroll and labor norms on the basis of negotiation and agreement with employees.

10. To sign a definite term contract with the elderly many times

Usually, the elderly are those who have many years of working with a lot of experience, especially the jobs that require high qualifications. Therefore, in order to promote the value of the elderly, the Labor Code allows employers to agree to enter multiple time-definite labor contracts with the elderly instead of extending the contract term. labor or sign a new labor contract as before.