INTRODUCTION
Labor is the fundamental activity that drives the creation of both material goods and social value, making it essential for human survival High labor productivity, quality, and efficiency are key factors that influence a country's level of development Labor transcends boundaries of age and nationality, emphasizing its universal necessity Moreover, labor is not only a basic need but also a vital aspect of social regulation, underpinning social and economic stability worldwide.
The Labor Law safeguards workers' rights to employment, benefits, and fair treatment, while also recognizing the legal rights and responsibilities of employers to foster harmonious and stable labor relations It enables workers to utilize their creativity and skills effectively, supporting industrial growth and modernization Additionally, the Law promotes high labor productivity and efficient labor management, contributing to the country's economic development Overall, the Labor Law covers essential areas that ensure fair treatment for both employees and employers, facilitating sustainable industrial progress.
Industrial relations – certification of unions, labor-management relations, collective bargaining and unfair labor practices
Employment standards, including general holidays, annual vacations, working hours, unjust dismissals, minimum wage, layoff procedures and severance pay
The Labor Law regulates the rights and obligations of employees and employers, ensuring fair labor standards and effective workforce management By establishing clear guidelines for labor utilization and employee rights, it promotes increased productivity and efficiency Additionally, the Labor Law plays a crucial societal role by fostering fair labor practices and supporting social stability.
Having a basic knowledge of Labor Law is essential for performing any job effectively in today's internationally integrated economy This field not only enhances professional competence but also fuels my passion and enthusiasm, inspiring me to pursue it further That is why I chose Labor Law as the focus of my graduation project, as it aligns with my interests and provides a solid foundation for navigating the legal aspects within the national and international legal systems.
There are many law sectors in Vietnam and the number terms in each is also plentiful In the limited time, I would like to focus on typical terms of Labor
Studying English terminology in the context of Vietnam's Labor Law can be challenging due to the complexity and interconnectedness of legal terms Many legal terms are used with nuanced meanings or similar to common language, making accurate understanding and translation difficult This research focuses on explaining basic concepts and key terms used in Vietnamese Labor Law to provide a clearer understanding Ultimately, the study aims to offer readers a comprehensive overview of essential labor law terms, facilitating better comprehension of Vietnam’s labor legal framework.
Students majoring in translation should identify a specific area of expertise to strengthen their skills, as the field offers limitless knowledge, particularly in the digital and information age Developing a specialized strong point alongside core translation skills can enhance career prospects and ensure competence in an ever-evolving landscape Choosing a focused area of expertise allows translation students to effectively navigate the vast and complex information environment of today's world.
The aims of my study are therefore to:
- Understanding thoroughly about English terms from the viewpoint of translation subject
- Providing a number of terms in Labor Law
- Suggesting readers (employees, employers …) and myself basic knowledge of this field
- Suggesting some solutions in translating Labor Law terms
When I first began studying English, I realized it is the most widely used language in society I have been dedicated to improving my English skills to pursue further opportunities in this language Thanks to my knowledge and experiences, I continue to enhance my proficiency and broaden my understanding of English for various professional and personal growth.
I gain from my teachers as well as reference books I had read in the process of learning English and completed my graduation books These are some helpful sources:
- Internet plays an important role for me to understand definitions of terms in English
- Survey with questionnaire is also made to find out the feedback from employees and employer in their work in perceiving some difficulties
- Added more, I found lots of useful information in some books introduction about Labor Law
- Specially, my study is about terms related to Labor that differ from my major, I had to consult some experts and friends this area to have deeper understanding
The study falls into three parts in which the second is the most important, that is:
The first part, INTRODUCTION, writes about rationale, scope, aims, methods and design of the study
The second is DEVELOPMENT consisting of three chapters:
Readers are going to approach the issue from the theoretical background angle In the words, they are some concepts of translation, labor law terms
The researchers studied meanings of word used in common texts, typical terms in Labor Law
- Some problems and suggested solutions in translating labor law terms
- Concluded from the process of finishing the chapter two
The part three, CONCLUSION, summarizes the study mentioned above and gives some suggestions for further study
DEVELOPMENT
Theoretical Background
1.1 Concepts of Translation and Equivalence in translation
Translation involves converting written or spoken source language (SL) texts into equivalent target language (TL) texts Its primary goal is to reproduce diverse texts—such as religious, literary, scientific, and philosophical works—in another language, making them accessible to a broader audience Effective translation facilitates cross-cultural communication and promotes understanding across different languages and cultures.
If language were merely a classification of universal concepts, translation would be straightforward and learning a new language much easier However, Culler (1976) argues that languages are not simply nomenclatures; they articulate and organize the world differently, meaning that concepts in one language can differ radically from those in another This linguistic disparity poses a significant challenge in translation, as the larger the gap between the source and target languages, the more difficult it becomes to accurately transfer meaning Consequently, various translation theories reflect differing perspectives on this complex process, and I have examined several of these approaches to better understand the nuances involved.
Translation is the interpreting of the meaning of a text and the subsequent production of an equivalent text, likewise called a
"translation," that communicates the same message in another
Translation involves converting the source text, written in the original language, into the target language The source text is the content to be translated, while the target language is the language into which the content is translated The completed translation is often referred to as the target text Effective translation ensures accurate communication across languages, making it essential for global reach and understanding.
Translation is the expression in another language (or target language) of what has been expressed in another, source language, preserving semantic and stylistic equivalences
Kade (1968) defined interpreting as a form of Translation in which:
• The source-language text is presented only once and thus cannot be reviewed or replayed, and
• The target-language text is produced under time pressure, with little chance for correction and revision
Translation involves interpreting the meaning of a written message from a source language to a target language, enabling readers to understand both the semantic and stylistic nuances of the original text Its primary function is to facilitate clear communication across different languages, ensuring that the target audience grasps the intended message accurately Effective translation preserves the original intent, tone, and style, making it essential for cross-cultural understanding and global communication.
Translation is the process of changing something that is written or spoken into another language
Translation is a bilingual mediated process of communication which ordinarily aims at the production of a TL text that is functionally equivalent to a SL text
Translation is the replacement of text material of this language
(source language) with text material of another ( target language)
Translation is the process of finding a Target language equivalent for a Source language utterance
Translation is a process of transferring a written source language (SL) text into an equivalent target language (TL) text, focusing on maintaining meaning and accuracy It requires comprehensive understanding of the syntax, semantics, and pragmatics of the source text, ensuring that the translated content is both accurate and contextually appropriate Effective translation involves analytical processing to convey the original message accurately in the target language, making it essential for achieving optimal linguistic and cultural equivalence.
Translation consists of reproducing in the receptor language the closest natural equivalent of the source language message, first in terms of meaning and secondly in terms of style
Translation involves the transfer of meaning from a text in one language into a text in another language
Translation is a process of communication whose objective is to import the knowledge of the original to the foreign reader
Translation is the act of transferring through which the content of a text is transferred from the SL into the TL
Translation is to be understood as the process whereby a message expressed in a specific source language is linguistically transformed in order to be understood by readers of the target language"
Translation is an act of communication which attempts to relay, across cultural and linguistic boundaries, another act of communication
Translation is a text with qualities of equivalence to a prior text in another language, such that the new text is taken as a substitute for the original
1.1.2 Concepts of equivalence in translation
Equivalence-oriented translation is a procedure which replicates the same situation as in the original, whilst using completely different wording
Translation equivalence occurs when a form in the source language accurately conveys the same meaning in the target language It addresses the fundamental question of how speakers express specific ideas to ensure their message is preserved across languages Achieving translation equivalence is essential for effective communication, as it ensures that the intended message remains consistent and understandable regardless of linguistic differences.
Equivalence, when applied to the issue of translation, is an abstract concept and actually refers to the equivalence relationship between the source text and the target text
Translation can be divided into 7 types as below :
Interlinear translation displays the target language (TL) directly beneath the source language (SL) words, maintaining the original word order This method translates words individually based on their most common meanings, often out of context, providing a clear view of how the languages align.
E.g: Hanah was presented by her parent
Hanah được tặng quà bởi bố mẹ cô ấy
The SL grammatical construction is converted to the nearest TL equivalents but the lexical words are again translated singly, out of context
E.g: My father put all whole his life – workings in this company
Cha tôi đã dành cả cuộc đời mình để làm việc trong công ty này
A faithful translation aims to accurately reproduce the original meaning of the source language (SL) within the constraints of the target language's (TL) grammatical structures It preserves cultural terms while maintaining the original tone and style, including any grammatical or lexical peculiarities This approach strives to stay true to the writer’s intent and the original text’s nuance, ensuring the translation reflects the original message faithfully.
E.g: Tôi cho rằng bà ta sẽ không mua chiếc túi này
Faithful translation: I think that she won’t buy this bag
(It should be “I don’t think she will buy this bag”)
Semantic translation differs from faithful translation only in as far as it must take more account of the aesthetic value of the SL text, compromising on
“meaning” where appropriate so that no assonance, word-play or repetition jars in finished version
E.g: “I never hear or read the name of Yarmouth but I am reminded of a certain Saturday on the beach ”(extracted from David Copperfield by
Tôi luôn liên tưởng đến một sáng thứ Bảy trên bãi biển khi nghe hoặc đọc tên "Yarmouth", điều này khiến tôi không thể quên những ký ức đẹp đẽ về thị trấn nhỏ này Tên "Yarmouth" gợi nhớ về những trải nghiệm khó quên trên bãi biển, mang đến cảm giác bình yên và gợi mở những kỷ niệm thân thương Hành trình khám phá Yarmouth luôn để lại trong tôi ấn tượng sâu sắc, từ hình ảnh bãi cát rộng lớn đến âm thanh rì rào của sóng biển vào mỗi sáng thứ Bảy Chính sự đặc trưng của thị trấn này đã tạo nên một phần ký ức khó phai trong tâm trí tôi mỗi khi nhắc đến.
Free translation reproduces the matter without the manner, or the content with out of the form of the original
In free translation, there is a special form called “Adaption” This is the
E.g: Outside, the immense sea is a deep blue In the shade of green coconut trees, the buildings appear like a desert oasis
Mặt biển bên ngoài xanh mướt mát, màu xanh thẳm như chính đại dương vẫn xanh từ hàng triệu năm không thay đổi sắc màu Bên trong, dưới những tán dừa xanh mướt, là các khối nhà mơ màng trong ánh nắng vàng rực rỡ, tạo nên một khung cảnh thơ mộng và yên bình.
Idiomatic translation reproduces the “message” of the original but tends to distort nuances of meaning by preferring colloquialisms and the idiom where these do not exists in the original
Mưu sự tại nhân, hành sự tại thiên
Communicative translation attempts to reader the exact contextual meaning of the original in such a way that both content and language are readily acceptable and comprehensible to the readership
Baker examines the concept of equivalence across various levels within the translation process, encompassing all aspects of translation by integrating both linguistic and communicative approaches She emphasizes the importance of understanding how different types of equivalence influence effective translation, highlighting the need to consider both form and meaning By distinguishing between linguistic and communicative equivalence, Baker provides a comprehensive framework that enhances translation accuracy and cultural relevance, making her insights essential for translators seeking to improve their work.
Equivalence in translation can manifest at both the word level and above, playing a crucial role in accurately conveying meaning between languages Baker emphasizes that, in a bottom-up translation approach, word-level equivalence is the primary focus for translators, serving as the foundational step When analyzing the source text, translators typically examine individual words to identify direct equivalents, ensuring lexical accuracy before considering broader contextual factors.
TL Baker defines a word as a linguistic unit that can have multiple meanings across different languages, often viewed as a complex unit or morpheme Translators must consider various factors, including number, gender, and tense, to accurately interpret a single word’s meaning within context, ensuring precise and effective translation.
Grammatical equivalence pertains to the diversity of grammatical categories across languages, highlighting how grammatical rules can vary significantly between them This variation can pose challenges in establishing direct correspondence between the source language (SL) and the target language (TL) As a result, translating grammatical structures accurately requires careful consideration of these differences to ensure the meaning remains intact.
Different grammatical structures in the source language (SL) and target language (TL) can significantly impact how information or messages are conveyed, potentially leading to translation shifts such as adding or omitting information These variations often stem from the absence of specific grammatical devices in the TL, causing translators to adapt accordingly Baker highlights key grammatical factors—including number, tense and aspect, voice, person, and gender—that can present challenges during translation and influence the fidelity of the translated text.
Translation of Vietnamese Labor Law into English
Terms related to work and activities
A Tai nạn lao động : Work-related accident
Work-related accidents are incidents that result in injury or death to an employee during the course of performing their job duties These accidents can affect various bodily parts or functions, highlighting the importance of occupational safety Ensuring a safe work environment helps prevent such incidents and promotes employee well-being.
E.g: An employee who is injured in a work-related accident must be treated immediately and be fully attended to
Ví dụ: Người bị tai nạn lao động phải được cấp cứu kịp thồi và điều trị chu đáo
B Bệnh nghề nghiệp: Occupational disease
- Occupational disease is a disease contracted by the employee from working in a harmful environment
An occupational disease is a chronic condition caused by work or occupational activities, and it plays a key role in occupational safety and health It is typically identified when the disease is more prevalent among a specific group of workers compared to the general population or other worker populations Unlike occupational hazards that are traumatic, such as falls experienced by roofers, these are not classified as occupational diseases.
An occupational disease is a health condition resulting directly from exposure to specific workplace conditions It develops as a natural consequence of a particular occupation, exemplified by asbestosis caused by asbestos removal activities Recognizing these diseases is essential for ensuring proper workplace safety and health regulations.
Employees disabled by a work-related occupational disease are entitled to the same benefits as those injured on the job It is important to note that the deadline for filing a claim is determined by the later of two specific dates Understanding this timeframe ensures timely and appropriate compensation for affected workers.
Two years from the date of the disabled worker's disability; or
Two years from the time the disabled worker knew or should have known that the disease was due to the nature of employment
(http://www.wcb.state.ny.us/content/main/onthejob/OccDisease.jsp)
E.g: A person suffering from an occupational disease must be fully treated and have his health examined on a regular basic with separate medical records
Ví dụ: Người bị bệnh nghề nghiệp phải được điều trị chu đáo, khám sức khỏe định kỳ, có hồ sơ sức khỏe riêng biệt
C Tập nghề: On-the-job training
“On-the-job training” means apprenticeship in the form of directly learning and working at the enterprise
D.1 Thỏa ước lao động tập thể ( thỏa ước tập thể):
A collective labor agreement (a collective agreement)
A collective labor agreement (hereinafter referred to as a collective agreement) is a written agreement between a body of employees and the
27 employer in respect of working conditions and utilization of labor, and the rights and obligations of both parties in respect of labor relations
E.g: The State encourages the parties to sign a collective agreement which provide employees with more favorable conditions than those stipulated in labor laws
Nhà nước khuyến khích các doanh nghiệp ký kết thỏa ước tập thể với điều khoản có lợi hơn cho người lao động so với quy định của pháp luật lao động, nhằm đảm bảo quyền lợi và nâng cao đời sống công nhân Thương lượng tập thể là quá trình đàm phán giữa đại diện người lao động và người sử dụng lao động để thống nhất các điều khoản trong thỏa ước, góp phần thúc đẩy môi trường làm việc công bằng, ổn định và hiệu quả Các hình thức thương lượng tập thể bao gồm ký kết thỏa ước tập thể lao động, giúp hai bên đạt được sự đồng thuận về các quyền và nghĩa vụ, qua đó nâng cao mối quan hệ lao động hài hòa và bền vững.
Collective bargaining may be carried out on a regular or irregular manner between representative of the labor collective and the employer’s representative in order to:
resolve obstacles and difficulties in the execution of rights and performance of by each party in industrial relations;
Collective bargaining shall be carried out within an enterprise and within an industry
E.g: The State encourages collective bargaining between labor collective and the employer to establish more favorable conditions for the parties than those stipulated by the laws
Nhà nước khuyến khích thương lượng tập thể giữa người lao động và người sử dụng lao động để thúc đẩy các thỏa thuận có lợi hơn cho hai bên Chính sách này giúp tăng cường quyền lợi của người lao động và tạo điều kiện thuận lợi cho doanh nghiệp phát triển bền vững Thương lượng tập thể góp phần xây dựng mối quan hệ lao động hài hòa, ổn định trong doanh nghiệp Các thỏa thuận thương lượng tập thể có thể mang lại nhiều lợi ích vượt quá quy định của pháp luật hiện hành, tạo nền tảng cho sự hợp tác lâu dài và hiệu quả.
E Tranh chấp lao động: Labor dispute
A labor dispute involves disagreements over workers' rights and benefits, including working conditions, wages, and income It also covers issues related to the enforcement of labor contracts and collective agreements, as well as disputes arising during training or apprenticeship periods Addressing such disputes is essential for maintaining fair labor practices and ensuring employee rights are protected.
Labor disputes means the disputes on rights and benefits arising in the labor relationship between the employees, labor collective and the employer
Labor disputes include an individual labor dispute between an employee and an employer, and a collective labor dispute between a labor collective and an employer
E.g: A labor dispute shall only be resolved by a labor dispute resolution body or organization if either party refuses to negotiate; if both parties fail to resolve the dispute by way of negotiation; or if one or both of the parties lodge a request for resolution of the labor dispute (Article 159 _ Labor Code)
Việc giải quyết tranh chấp lao động tại các cơ quan, tổ chức bắt buộc khi một bên từ chối thương lượng hoặc sau quá trình thương lượng không thành công Tranh chấp lao động sẽ được xử lý khi có đơn đề nghị giải quyết từ một hoặc hai bên phù hợp với quy định tại Điều 159 Bộ luật Lao động Đây là quy trình quan trọng đảm bảo quyền lợi và quyền làm việc hợp pháp của người lao động cũng như người sử dụng lao động.
A collective labor dispute on rights involves conflicts between employees and employers regarding the enforcement of labor laws, collective labor agreements, or internal labor regulations.
TRANH CHẤ P LAO ĐỘ NG
Tranh chấ p lao động về quyề n
Tranh chấ p lao độ ng về lợ i ích
Collective labor dispute on rights
Collective labor dispute on benefits
30 regulations of the enterprise registered with the competent State agencies or other legitimate regulations and agreements
A "collective labor dispute on benefits" refers to conflicts where a labor collective demands new working conditions that differ from existing legal provisions, collective labor agreements, or internal company regulations These disputes arise during negotiations between the workforce and the employer and are registered with relevant state authorities or follow legitimate regulations and agreements.
“Employees” means persons of at least 15 years old, having working capacity and having signed a labor contract
Workers with highly specialized skills and technical qualifications
F.1 Lao động chưa thành niên: Junior Employees
Junior employees are workers between 15 and under 18 years of age
E.G: An employer shall only be permitted to employ a junior employes in jobs which are suitable to the health of the junior worker to ensure the development and growth of the worker’s body, mind, and personality An employer shall have the responsibility of looking after the interests of the junior worker in respect of labor, wages, health, and training
Employers are prohibited from employing junior employees in heavy, dangerous, or toxic jobs listed by the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Health, according to Article 121 of the Labor Code.
Người sử dụng lao động chỉ được tuyển dụng lao động chưa thành niên vào các công việc phù hợp với sức khỏe nhằm đảm bảo phát triển toàn diện về thể chất, trí tuệ và nhân cách Bên cạnh đó, chủ lao động cần có trách nhiệm quan tâm, chăm sóc các công nhân chưa thành niên về mặt lao động, tiền lương, sức khỏe và học tập trong quá trình làm việc Việc tuân thủ quy định này nhằm bảo vệ quyền lợi, phát triển bền vững của người lao động chưa thành niên và đảm bảo môi trường làm việc an toàn, lành mạnh.
Một số loại lao động khác
Lao động có trình độ chuyên môn, kỹ thuật cao
Lao động là người tàn tật
Lao động là người cao tuổi
Lao động chưa thành niên
CÁC NHÓM LAO ĐỘ NG
Theo quy định tại Điều 121 Bộ luật Lao động, không được phép sử dụng người lao động chưa thành niên để thực hiện các công việc nặng nhọc, nguy hiểm hoặc tiếp xúc với các chất độc hại theo danh mục do Bộ Lao động - Thương binh và Xã hội cùng Bộ Y tế ban hành Việc cấm này nhằm bảo vệ quyền và sức khỏe của trẻ em, đảm bảo môi trường làm việc an toàn, lành mạnh cho người lao động trẻ tuổi.
F.2 Lao động là người cao tuổi: Senior employees/ Elderly employees
Senior employees/ Elderly employees are employees over the age of sixty
(60) in respect of males and fifty five (55) in respect of females
Terms related to Labor Agreement
Labor law fundamentally revolves around employment contracts that define the rights and obligations of workers and employers, a practice rooted in the decline of feudalism and essential to modern economic systems Legislation and common law often imply terms within these contracts to protect employees and ensure a flexible labor market, limiting certain agreements between parties For instance, in the United States, most state laws permit employment “at will,” allowing employers to terminate employees for any legal reason, including those that do not violate public policy, thereby shaping employment rights and employer flexibility.
One example in many countries- is the duty to provide written particulars of employment with the essentialia negotii (Latin for essential terms) to an
Providing clear employment contracts helps employees understand what to expect regarding wages, holiday rights, notice periods, and job responsibilities Legally, employers cannot offer contracts that pay workers below the national minimum wage, ensuring fair compensation for all employees.
Employees should be aware that they cannot legally agree to contracts that permit unfair dismissal, as these are considered categorically unjust Certain terms in employment contracts are universally deemed unacceptable due to their unfair nature However, the enforceability of such clauses depends entirely on the specific employment laws and legislation of the country where the work takes place.
A labor contract is a formal agreement between an employee and an employer that delineates essential aspects such as remuneration, working conditions, and the rights and obligations of both parties According to Article 26 of the Labor Code, this contract establishes the foundational terms of the employment relationship, ensuring clarity and legal compliance for both sides Crafting a comprehensive labor contract is crucial for protecting employee rights and defining employer responsibilities in accordance with labor laws.
B The necessary of labor contract
Effective labor relations are governed by legal and enterprise systems, including labor laws, contracts, collective consultations, and employer self-management Compliance with these regulations and internal policies ensures a harmonious and stable relationship between employers and employees Proper management of labor relations, adherence to legal standards, and internal rules help prevent conflicts, disputes, and disruptions A key factor in maintaining effective labor relations is the awareness and commitment to legal compliance, which is essential for fostering trust and stability in the workplace Upholding integrity in legal adherence is crucial for establishing long-term, harmonious labor relationships.
Labor relations within an enterprise refer to the legal relationship between employers and employees, emphasizing the importance of adherence to laws and regulations While an enterprise's internal rules serve as a refinement and extension of legal frameworks, effective management also relies on self-developed measures for regulatory implementation Merely having legal provisions is insufficient; consistent and honest application is crucial for fostering harmonious labor relations Upholding integrity in legal compliance is essential for building trust and maintaining a stable, cooperative workplace environment.
Under the Labor Law of the Socialist Republic of Vietnam, all employment in business entities, including foreign-invested enterprises, must be established through a written labor contract This contract should clearly outline key terms such as the scope of work, working hours, rest and break periods, recreation time, wages, work location, contract duration, occupational safety and hygiene measures, as well as social and medical insurance provisions.
Labor contracts in Vietnam are categorized into three types:
• Contracts without a definite term, i.e indefinite term contracts;
• Contracts which are valid from 12 to 36 months, i.e definite term contracts;
• Contracts for a seasonal job or a specific job to be carried out in less than
C.1 Hợp động lao động không xác định thời hạn: An indefinite term labor contract
An indefinite term labor contract is a contract in which the two parties do not determine the term and the time for termination of the validity of the contract
Indefinite labor contract means a contract in which the expiry of the contract is not fixed Indefinite labor contract applies for-full-time jobs which last for
C.2 Hợp đồng lao động xác định thời hạn: A definite term labor contract
A definite term labor contract specifies a fixed duration for employment, with both parties agreeing on the contract's start and end dates Typically, the contract duration ranges from 12 to 36 months, providing clarity and security for both employer and employee This type of employment agreement ensures a clear understanding of the employment period and termination timeline, making it ideal for temporary or project-based work arrangements.
Labor contracts with definite time-limit from 1 to 3 years are contracts with a fixed terms of either 1, 2 or 3 years They usually apply to jobs with fixed terms
C.3 Hợp đồng lao động thời vụ: Contract of seasonal labor (A labor contract for a specific or seasonal job with a duration of less than one year)
Seasonal or short-term labor contracts, lasting less than a year, are designed for temporary jobs that span a few days to several months These contracts also cover temporary replacements for employees on military service, fulfilling legal citizen duties, maternity leave, detention, or other situations where employment is temporarily suspended by mutual agreement.
Terms related to Labor Organizations
Dispute resolution, whether through tacit or contractual agreements, is increasingly vital as parties seek to avoid costly litigation, strikes, and disruptions The process has become more complex, involving employees, management, unions, other firms, and government agencies, making specialized knowledge and experience essential for effective resolution.
HỢ P ĐỒ NG LAO ĐỘ NG
H ợ p đồ ng lao độ ng không xác đị nh th ờ i h ạ n
H ợ p đồ ng lao độ ng xác đị nh th ờ i h ạ n H ợ p đồ ng lao độ ng th ờ i v ụ
An indefinite term labor contract
A labor contract for a specific or seasonal job
A labor dispute shall be resolved by The Labor Conciliatory council and
The provincial labor arbitration council
A Hội đồng hòa giải lao động: The Labor Conciliatory council
A labor conciliatory council must be established in enterprises employing ten or more employees The council should include an equal number of representatives from both employees and the employer The total number of members on the conciliatory council is to be determined collaboratively by both parties This structure promotes effective dialogue and conflict resolution within the workplace, ensuring balanced representation and fair labor practices.
B Hòa giải viên lao động: The Labor mediator
A labor mediator is a professional who provides advice and counseling to both labor and management to prevent disputes and facilitate resolution of labor-related issues Arbitrators, also known as umpires or referees, play a crucial role in resolving disputes by making binding decisions that establish the specific terms and conditions of labor contracts, ensuring fair labor relations.
The following bodies and organizations are vested with the power to resolve an individual labor dispute:
A labor mediator at provincial labor offices plays a crucial role in mediating disputes when enterprises lack a dedicated labor conciliatory council These mediators operate across wards, districts, villages, and cities within provinces to facilitate dispute resolution Their primary responsibility is to assist both employers and employees in reaching amicable agreements, thereby promoting harmonious labor relations By providing impartial mediation services, provincial labor offices help prevent prolonged conflicts and ensure compliance with labor laws This approach underscores the importance of accessible and effective dispute resolution mechanisms in maintaining a healthy labor environment.
C Hội đồng trọng tài lao động cấp tỉnh: The provincial labor arbitration council
The provincial labor arbitration council is composed of standing members including representatives from the labor office, trade unions, employers, and other respected local professionals such as lawyers, administrators, and social workers To ensure balanced decisions, the council maintains an odd number of members, not exceeding nine The council is chaired by a representative of the provincial labor office, facilitating organized and effective arbitration processes.
The following bodies and organization shall be vested with the power to resolve a collective labor dispute:
- The Labor conciliatory council of an enterprise, or the labor conciliator of the district labor office in the case of enterprises which do not have a labor conciliatory council
- The Provincial labor arbitration council
D Thanh tra Nhà nước về lao động: State labor inspectors
State labor inspectors include: Labor Inspectors, occupational safety inspectors and health inspectors
The Ministry of Labor, War Invalids and Social Affairs, along with local labor offices, is responsible for conducting labor and occupational safety inspections to ensure workplace safety compliance Additionally, the Ministry of Health and local medical centers are responsible for inspecting occupational hygiene standards, promoting a healthy work environment.
State labor inspectors shall have the following duties:
To inspect compliance with provisions on labor, occupational safety and occupational hygiene
To inspect work-related accidents and other violations of occupational health standards
Our responsibilities include appraising and approving occupational safety standards outlined in economic-technical feasibility studies and project designs to ensure they meet safety requirements We also register and authorize the operation of machinery, equipment, and materials that require strict safety controls, in accordance with the list issued by the Ministry of Labor, War Invalids and Social Affairs.
To participate, appraise, and approve site locations and health measures for the construction, expansion, or renovation of establishments for production, usage, preservation, storage, or
Thanh tra Nhà nướ c về lao độ ng
Thanh tra lao độ ng
Thanh tra an toàn lao độ ng
Thanh tra v ệ sinh lao độ ng
44 receipt of radioactive, poisonous, or toxic materials in accordance with the list issued by the Ministry of Health
To resolve any complaints of claims of the employee in respect of breaches of labor laws;
To effectively address breaches of labor law, it is essential to act within the scope of delegated authority and to involve the appropriate competent bodies These agencies are responsible for handling violations that fall under their jurisdiction, ensuring that each breach is properly investigated and resolved by the designated authorities.
Terms related to Labor Allowance
1.4.1 Trợ cấp thôi việc: Severance allowance
A severance allowance is compensation paid to an employee upon leaving a company, providing financial support during unemployment It typically includes the employee's remaining regular pay and may also encompass additional benefits such as unused vacation pay, extended benefits, or severance pay This financial package aims to ease the transition for employees losing their jobs and is an essential aspect of employment termination agreements Proper understanding of severance allowances can help both employers and employees manage layoffs more effectively and ensure compliance with labor laws.
An additional payment based on months of service
Payment for unused vacation time or sick leave
A payment in lieu of a required notice period
Medical, dental or life insurance
Assistance in searching for new work, such as access to employment services or help in producing a résumé
Severance allowances are primarily provided to employees who are laid off or retire, offering financial support during transitional employment periods In some cases, severance may also be granted to employees who resign or are terminated, depending on company policies These packages are typically outlined in the company's employee handbook and are often regulated by government laws in many countries to ensure fair treatment Furthermore, severance agreements usually include clauses that prevent employees from suing the employer for wrongful termination, protecting both parties' interests.
45 termination or attempt to collect on unemployment insurance, and that if the employee does so, then he must return the severance money
(http://en.wikipedia.org/wiki/Severance_package)
The method of calculation and payment of severance allowances shall be implemented as follows:
The formula for calculation of severance allowances in each enterprise:
Total duration of employment at enterprises
Wage used as basic for calculation of severance allowance
Cách tính và chi trả tiền trợ cấp thôi việc được thực hiện như sau
Công thức tính trợ cấp thôi việc ở từng doanh nghiệp:
Tổng thời gian làm việc tại doanh nghiệp
Tiền lương làm căn cứ trợ cấp thôi việc
1.4.2 Tiền môi giới: Brokerage fees
Brokerage fees are the payments that enterprises incur to brokerage parties for facilitating the conclusion and execution of contracts related to sending laborers overseas Additionally, laborers are responsible for paying either the full or partial brokerage fees to the enterprises This fee structure is essential in understanding the costs involved in overseas labor deployment and is a key factor for both companies and workers to consider.
1.4.3 Tiền dịch vụ: Service charges
Service charges mean laborers who are sent to work overseas shall have to pay to the sending enterprises
Service charges shall not apply to cases in which employers renew labor contracts after laborers have completed contracts signed with enterprise (including extend labor contracts)
Pursuant to the Law on Vietnamese labor working oversea in accordance with contract dated on November 29, 2006;
Under Decree No 126/2007/ND-CP issued on August 1, 2007, the Vietnamese government provides detailed guidance on implementing the regulations concerning Vietnamese laborers working overseas under contractual agreements, ensuring clarity and legal compliance for outbound labor activities.
The Ministry of Labor, War Invalids and Social Affairs, in collaboration with the State Bank, provides joint guidance on the management and utilization of enterprise deposits and deposits made by overseas laborers according to contractual agreements.
A deposit is a customer's right to receive money from a bank or the bank's obligation to pay money to the customer When opening an account, customers receive a deposit book, also known as a "passbook" or "bank book," which records all transactions such as deposits and withdrawals This passbook serves as evidence of the deposit, with updates made regularly, while the bank typically provides periodic account statements instead of continuous balancing In savings banks, the passbook details the bank's account with the depositor, showing both credits and debits, including deposits and withdrawals.
Deposit has two distinct meanings Meaning one is applied to funds
A deposit can refer to providing security or collateral for the expected delivery of a good, such as in a real estate acquisition where a buyer pays a deposit in advance of closing The amount and timing of this deposit vary depending on the region, and it may be called a good faith deposit, contract deposit, or simply a deposit Additionally, the term "deposit" also applies to funds transferred to a financial institution for safekeeping, such as when an account holder deposits money into a bank or credit union A direct deposit is a specific type of payment where funds are transferred electronically from the payer to the payee’s bank account, ensuring secure and efficient transactions.
A.Tiền ký quỹ của doanh nghiệp: Deposits of enterprises
Enterprises must deposit funds with competent State authorities to obtain necessary certifications and ensure the proper management of bringing Vietnamese laborers abroad These deposits serve to facilitate the issuance of permits and guarantee compliance with regulations related to sending Vietnamese workers overseas Additionally, enterprises should ensure the successful execution of contracts for deploying Vietnamese laborers abroad, including providing skill improvement programs to enhance worker competitiveness and meet international labor standards.
B Tiền ký quỹ của người lao động: Deposits of laborers
Laborers' deposit agreements must be clearly stated in employment contracts when hiring workers overseas These deposits are only enforced after the laborers sign the contract with the enterprise and obtain approval or visas from the foreign countries Ensuring transparency in the contract terms is essential for protecting workers' rights and complying with international regulations.
Terms related to Labor Insurance
1.5.1 Types of main social insurance
The State shall establish policies on social insurance aimed at expanding and enhancing employees' material security These policies are designed to stabilize the lives of employees and their families during times of illness or pregnancy, ensuring comprehensive support and financial stability.
Ti ề n ký qu ỹ c ủ a doanh nghi ệ p
Ti ề n ký qu ỹ c ủ a ng ườ i lao độ ng
49 reties, dies, become injured in an accident, becomes employed, suffers some unexpected crisis, or suffers from other problems
Social insurance, whether compulsory or voluntary, is applied to entities and businesses on a case-by-case basis to ensure employees receive appropriate benefits Implementing tailored social insurance policies helps protect workers' rights and promotes workplace well-being Companies are encouraged to adopt suitable social insurance schemes to comply with regulations and support their employees' long-term social security needs.
Social insurance provides financial protection by fully or partially compensating employees for income lost or reduced due to illness, maternity, work-related injuries, occupational diseases, unemployment, retirement, or death Funded through employees' contributions to the social insurance system, it ensures economic security during various life events and work-related challenges.
Types of main social insurance
A Bảo hiểm xã hội bắt buộc :Compulsory social insurance
Compulsory social insurance means a form of social insurance in which employees and employers must participate
Businesses with ten or more employees are required to participate in compulsory social insurance programs Both employers and employees must contribute to social insurance funds, ensuring employees receive benefits and allowances in cases of illness, work-related accidents, occupational diseases, pregnancy, retirement, or death.
B Bảo hiểm xã hội tự nguyện: Voluntary social insurance
Voluntary social insurance allows employees to choose their participation status, select contribution rates and payment methods that align with their income levels, enabling them to access essential social insurance benefits tailored to their needs.
In respect of an employee who works in an enterprise which employs less than ten (10) employees, in jobs which have a duration of less
For employment lasting more than three months, whether in seasonal or temporary jobs, social insurance contributions are to be included in the wages paid by the employer This ensures employees can participate in social insurance programs on a voluntary or self-funded basis.
Other kinds of terms in Labor Law Document
L NN Số lượng lao động nước ngoài mà doanh nghiệp được tuyển
L DN Số lượng lao động hiện tại của doanh nghiệp
L NN represents the maximum number of foreign workers an enterprise is permitted to employ according to regulations, including both employees hired through labor contracts and those appointed by foreign parties to work at the enterprise in Vietnam The permitted number, L NN, must not exceed 50 persons and can be as low as one, ensuring compliance with government labor policies.
Foreign individuals serving as members of a company's management board, general directors, deputy general directors, directors, deputy directors, heads of representative offices, heads of branches in Vietnam, or those coming to Vietnam to work for enterprises under various contractual arrangements (excluding labor contracts) are exempt from being counted as foreign workers within the enterprise.
L DN represents the current total number of employees in an enterprise, including both Vietnamese and foreign personnel It encompasses employees actively working at the company, those appointed for overseas work or training, employees on social insurance leave such as sick leave, maternity leave, or due to workplace accidents or occupational illnesses, and employees currently undergoing training by the enterprise Understanding L DN is essential for compliance with labor regulations and effective workforce management.
52 and the number of employees currently on leave due to postponement of their labor contracts
Employers shall be permitted to employ foreign employees in accordance with the following provision:
- The number of foreign employees permitted to be employed shall be calculated in accordance with this formula:
As of the latest update, Enterprise X employs a total of 1,767 staff members The company is authorized to hire foreign employees up to a designated quota, ensuring compliance with relevant employment regulations This permissible number of foreign workers reflects Enterprise X's commitment to balanced workforce development and adherence to legal standards Maintaining an appropriate proportion of foreign employees enables the company to foster a diverse work environment while aligning with national employment policies.
So Enterprise X is permitted by the regulations to employ 50 foreign employees
Doanh nghiệp X đã tuyển dụng 1,767 lao động nước ngoài theo quy định, thể hiện rõ quy mô tuyển dụng lớn và tuân thủ các quy định về số lượng lao động nước ngoài phù hợp Việc tuyển dụng đúng quy định giúp doanh nghiệp đảm bảo hoạt động ổn định và hợp pháp trong lĩnh vực tuyển dụng nhân lực quốc tế Chỉ tiêu tuyển dụng lao động nước ngoài của doanh nghiệp phản ánh khả năng mở rộng quy mô và chiến lược phát triển lâu dài, đồng thời góp phần thúc đẩy kinh tế doanh nghiệp phát triển bền vững.
LNN= 1767 x 0.03 = 53.01 Như vậy, số lao động nước ngoài doanh nghiệp X được tuyển theo quy định là 50 người
1.6.2 The different between “ Cho thuê lại lao động” and “ Lao động cho thuê lại”
A Cho thuê lại lao động : Labor sub-lease
A labor sub-lease occurs when an employee hired by one employer works under the management of a different employer while maintaining their employment relationship with the original employer This arrangement allows for flexible staffing solutions without terminating the initial employment contract Labor sub-leasing is an important concept in employment practices, facilitating workforce management and resource allocation Understanding the definition of labor sub-lease helps clarify the legal and operational aspects of such employment arrangements.
B Lao động cho thuê lại : Sub-leased labor
“Sub-leased labor” means the case where the employee(s) are recruited by an employer and then sub-leased
2 Some problems in translation of Vietnamese Labor Law into English
Translation is a highly diverse field, encompassing complex legal translation, such as labor law terminology, which often requires in-depth expertise While discussing court interpreting is more straightforward due to general familiarity with legal proceedings, conveying the nuances of legal translation poses unique challenges It raises important questions about the expected legal knowledge of the reader and how to accurately communicate precise legal issues when the audience may not be proficient in either the source or target language.
Translating legal topics accurately is challenging due to their complex and nuanced terminology To ensure precise translations, thorough research of the relevant legal field is essential, allowing translators to grasp the underlying concepts behind the terms This approach helps convey the original ideas faithfully, rather than just translating words literally, which is crucial for maintaining legal accuracy and clarity.
Problem in Structure
English is part of the Indo-European language family, while Vietnamese belongs to the Austro-Asiatic family, resulting in significant differences in vocabulary and grammatical rules While it is challenging to analyze all these differences comprehensively, this article aims to clarify one key aspect of their linguistic divergence.
54 reason of problem in translation of Vietnamese Labor Law into English, some prominent variances are mentioned below:
The phrasal is peculiar to English, as illustrated by constructions such as
Phrasal verbs like "thrash out," "sign off," "offend against," and "bring forward" are essential for detailed discussions and legal contexts, such as thoroughly resolving issues, ending work, or acting unlawfully Unlike other languages that use single specific verbs, English relies on these multi-meaning phrasal verbs, which can be highly problematic due to their numerous interpretations Understanding the correct usage of these phrases is crucial for clear communication and avoiding misunderstandings.
English grammar is notably more rigid than many other languages, adhering to strict structural rules In contrast, Vietnamese offers greater linguistic flexibility, often omitting articles and following less defined grammatical rules This difference makes English more challenging to learn, especially for speakers of more flexible languages like Vietnamese Understanding these distinctions can help language learners navigate grammar differences more effectively.
Some English vocabulary is peculiar A word in English may mean a lot of other words in Vietnamese For example, you may translate the word
“problem” as “vấn đề”, “vấn nạn”, “tệ nạn”, “khó khăn”, “trở ngại”, “trục trặc”, “biến chứng”, “thắc mắc”, “lỗi”, etc depending on the context
English, particularly American English, frequently transforms nouns into verbs, which can be challenging for Vietnamese speakers unfamiliar with this practice This noun-to-verb conversion may lead to misunderstandings for learners of English, especially when translating phrases like “State labor inspector” or complex compound nouns Inexperienced translators often struggle with these noun combinations, highlighting the importance of understanding syntactic structures in effective language learning and translation.
English grammar's unique complexities often challenge non-native speakers in achieving full language proficiency Translating Vietnamese writing into English can be particularly difficult, as the process frequently results in increased text length These factors highlight the need for a strong understanding of both languages to ensure accurate and concise translation.
Problem in Culture
Translation is more than just linguistic conversion; it involves conveying cultural concepts across languages Vietnamese and Western cultures, particularly English culture, have significant differences rooted in geography, history, and development, making certain cultural concepts difficult to translate accurately These differences often lead to a loss of meaning in the translation, where the core message may be weakened or altered As a result, even if the translation is technically correct, it may not effectively preserve the original cultural context, highlighting the challenges in achieving a true cross-cultural adaptation.
Two major cultural differences in the world are between Western and Eastern societies, each with unique characteristics Every nation’s culture is shaped by its geography, history, physical environment, spirit, manners, and customs, which are vividly reflected in their language and vocabulary Vietnam, located in the monsoon tropical zone, features a diverse terrain and a rich agricultural heritage, shaped by a long history of resisting foreign invasions These core elements of Vietnamese culture—its geography, history, and traditions—are deeply embedded in everyday life, as seen through the names, tools, and practices that embody these cultural features.
Cultural implications in translation encompass various elements, including lexical content, syntax, ideologies, and ways of life within a specific culture Translators must carefully balance the importance of cultural aspects, determining how much of these elements to prioritize and whether translating them is necessary or beneficial This process ensures accurate and culturally sensitive translations that effectively convey the original message's nuances.
When translating content, it is essential to consider the target language to ensure accuracy and clarity The goals of the source text influence the translation process and help determine how effectively the message is conveyed Additionally, understanding the intended readership of both the source and target texts ensures that the translation meets their specific needs and expectations.
Considering the cultural implications in translated texts involves identifying potential issues and evaluating various solutions to ensure cultural relevance and accuracy The translation process should include analyzing specific examples from the source text (ST) to inform appropriate choices Applying relevant theoretical methods can enhance translation success, but each case requires careful consideration of context and cultural nuances to achieve an accurate and culturally sensitive target text.
Some Suggestions in translation of Vietnamese
When translating between languages with significant differences, it is essential not to interpret the source text literally Instead, focus on understanding the context to determine the most appropriate English equivalent This approach ensures the content is clearer and more accessible for readers, leading to better comprehension and effective communication.
1 Understanding concepts of terms in Labor Law
A term is associated with a specialized concept in a particular subject field or a
“designation of a defined concept in a special by a linguistic expression” [ISO
Terms in any domain, particularly in Labor Law, are characterized by specific, well-defined concepts, with even common words in general English dictionaries having precise meanings Understanding these definitions is essential for accurate translation of labor contract terms Additionally, translating single or multi-word expressions that are metaphorically terminologized presents significant challenges for inexperienced translators, emphasizing the importance of familiarity with specialized terminology.
Having a solid understanding of labor law is essential for accurate translation Translators should proactively research relevant legal concepts to comprehensively grasp the meaning of industry-specific terms, ensuring precise usage This knowledge helps minimize misunderstandings and translation errors, resulting in clearer communication and improved quality in labor law-related documents.
It is vitally important factor to translate Law in general and Labor Law in particular
- Learn heart the special use of some Labor Law terms
- Pay much attention to the use of Vietnamese and English structures
Each of the Labor Law term always is attached with its concept; and to comprehensively and exactly name this term, we should base its concept For
The term "Cho thuê lại lao động" is translated as "Labor sub-lease," which refers to a situation where an employee recruited by one employer works for another employer under the latter's management while maintaining ongoing labor relations with the original employer This practice allows employees to be temporarily assigned to different companies without changing their employment contract Another related term, "Xác lập điều kiện lao động mới," pertains to establishing new working conditions, emphasizing the importance of clear agreements when altering employment terms Incorporating these terms accurately enhances understanding of labor management practices and complies with SEO best practices by including relevant keywords like "Labor sub-lease" and "employment conditions."
"Establishment of new working conditions involves amending and supplementing collective labor agreements, including adjustments to salaries, bonuses, incomes, labor standards, working hours, rest periods, and other employee benefits, ensuring updated and improved workplace policies."
During the working process, several new terms with innovative concepts emerge, such as “Cưỡng bước lao động,” translated into English as “Forced labor,” and “Trợ cấp thôi việc,” meaning “Severance allowance.” Some of these terms are still not yet included in standard dictionaries, highlighting the evolving nature of employment terminology.
2 The Importance of Culture in Translation
Law and culture are deeply interconnected, with culture driving the evolution and development of legal systems In Vietnam, cultural values significantly influence the formation and shaping of the legal framework, especially within the context of Labor Law This cultural foundation ensures that legal regulations align with societal norms and traditional practices, strengthening the effectiveness and relevance of Vietnam's legal system.
The concept of culture is crucial when examining its impact on translation, as language and culture are often seen as inseparable despite ongoing debates about whether language constitutes a part of culture Addressing the challenges of correspondence in translation, Nida emphasizes the equal importance of both linguistic and cultural factors to ensure accurate and meaningful communication across languages.
Cultural differences between the source and target language can pose more significant challenges for translators than linguistic variations, potentially leading to serious complications (Nida, 1964:130) While formal shifts may occur in translation, cultural parallels often help maintain a shared understanding between the original and the translated text Therefore, understanding cultural implications is crucial in translation, alongside lexical considerations, to ensure accurate and effective communication across cultures.
Lotman's theory emphasizes that "no language can exist unless it is steeped in the context of culture," highlighting the intrinsic link between language and cultural identity He asserts that "no culture can exist which does not have at its centre, the structure of natural language," illustrating how language forms the foundation of cultural expression Bassnett further underscores this relationship by stating that language is "the heart within the body of culture," indicating that the survival of both is mutually dependent Additionally, she highlights that linguistic transfer of meaning is only part of the translation process, requiring consideration of "a whole set of extra-linguistic criteria" to effectively capture cultural nuances.
Due to geographic differences, cultural variations between countries are inevitable, especially in fields like labor law Translators must understand Vietnamese culture, beliefs, habits, and customs to accurately interpret labor law terms Vietnamese language features can pose challenges in translation; for instance, "Hội đồng hòa giải lao động cấp tỉnh" is translated as "The Labor Conciliatory Council," and "Thỏa ước lao động tập thể" as "A collective agreement." When translating culturally specific terms into foreign languages, translators often encounter significant difficulties, as comparable words may not exist, making some concepts seemingly untranslatable.
60 translate these terms from Vietnamese into English if the translator doesn’t understand about the culture, custom and habit of Vietnamese
Translation is a crucial tool for assessing societal and educational progress across nations It enables access to advanced knowledge, fostering internationalization and global understanding Furthermore, translation plays a vital role in promoting cross-cultural communication, supporting educational growth, and driving economic development worldwide.
Translating labor law terms requires not only lexical accuracy but also a deep understanding of the social, economic, political, and cultural contexts embedded within the language Since many terms originate from foreign literature with historical and cultural references, translators must consider the target audience's familiarity with these notions Determining the necessary level of explanation involves assessing the target reader’s background and deciding how much information can be left for inference It is essential for translators to grasp the overall content and intent of the text by thoroughly reading all sentences to accurately interpret new or specialized terms, such as “Tiền môi giới,” ensuring the translation aligns with the intended message.
"Brokerage fees," also known as "Tiền dịch vụ," are commonly translated as "Service charge" in English Understanding and distinguishing these terms can be challenging without thoroughly reviewing the entire guide document of the Labor Code Proper knowledge of these definitions is essential to ensure accurate communication and compliance with labor regulations.
Various approaches have been explored for translating Labor Law Terms from Vietnamese into English, highlighting the importance of balancing translation accuracy with the inevitable loss of some information It is crucial for translators to determine the appropriate amount of background information to include, considering the similarities between the source and target texts and the knowledge level of the target audience To preserve cultural references, occasional additions are necessary, suggesting that strict formal equivalence may not always be appropriate Conversely, complete dynamic equivalence may overlook essential cultural elements, which are vital for conveying the original context and purpose of Vietnamese labor law terms.