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New Regulations of the 2019 Labor Code

Le & Tran

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Vietnam March 3 2020

1. New terminology

a. Worker without a labor relationship means a person who does not work on the basis of a labor contract.

b. Labor discrimination means any distinction, exclusion or preference made on the basis of race, color, national extraction or social origin, nationality, gender, age, pregnancy status, marital status, religion, belief, political opinion, disability, family responsibilities, HIV infection, or for the reason of establishing, joining and participating in the activities of trade unions or organizations of employees at enterprises, which affects the equality of opportunity in employment or occupation. Such distinction, exclusion or preference based on the inherent requirements of a particular job, or acts of maintaining and protecting employment for vulnerable workers, shall not be deemed to be discrimination. 

c. Sexual harassment at the workplace means any sexual behavior of any person towards another person at the workplace without its being desired or accepted by that person. “Workplace” is any place where the employee actually works as agreed upon or assigned by the employer. 


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  • Employee Benefits & Pensions
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