Labor law on human resource management at enterprises in Vietnam

The thesis also only studies the labor law on human resource management for employees in general, and does not study specific regulations for specific workers such as female employees, e

INTRODUCTION

1 Rationale

Human resource management is an indispensable need of any organizations in daily business To meet this demand of enterprises, many human resource management methods have been developed, forming a number of specialized sciences in this field The development of society and the increasingly high level of science and technology lead to requirements for division of labor activities, and it is also necessary to develop commensurately These objective factual requirements also do not exclude relations between employees and employers in Vietnam

Even though business owners apply different management methods, the decisions made are still built on the basic social relationship that is between the employer and the employee with all its inherent properties Therefore, human resource management in enterprises is governed by the provisions of labor law The two disciplines of human resource management and legal science therefore have interference with each other and depend on each specific content, the regulation of the law on activities in human resource management can range from allowing arbitrary application to imposing frameworks, procedures or limits for the implementation

If the science of human resource management is purely based on the basic foundation of bringing the highest value to the employer in the distribution and use of human resources through measures to encourage, arrange working space, time, training, building corporate culture, setting up rules and regulations, … Human resource management is carried out by many different measures, in which, the law is one of the important measures Labor law helps to manage human resources scientifically, effectively and especially to limit legal risks arising, and to limit conflicts and disputes in labor relations Human resource management, although it can be applied by many different measures, must ultimately aim at ensuring compliance with the law Labor law has achieved certain results in the field of human resource management, helping employers to recruit, employ and manage labor effectively However, besides that, the labor law on human resource management still has shortcomings and shortcomings, many regulations are still unclear, there are different interpretations leading to inconsistent application in human resource management between enterprises Moreover,

with the development trend of the 4.0 revolution, many modern human resource management models have been formed Labor relations are no longer traditional as before, but have changed due to the impact of science and technology Therefore, many provisions of the current law are not really suitable with the requirements of modern human resource management Besides, a big question is also raised that the State also conducts labor management, so, the State should manage to what level, it should be self-decided by employers The employers entitled to autonomy in human resource management to what level at their enterprises

Stemming from the above reasons, PhD student chose the issue: “Labor law on human resource management at enterprises in Vietnam” is

doctoral thesis with the desire to contribute to perfecting the labor law on human resource management at enterprises, and at the same time improve the efficiency of law enforcement in this field

2 Research purpose and tasks

Research purpose of the thesis: the thesis focuses on clarifying some theoretical issues about human resource management at enterprises and the law on human resource management at enterprises Comprehensive analysis and assessment of the current state of labor law on human resource management at enterprises and practice in enterprises in Vietnam On that basis, proposing solutions to improve the law and improve the efficiency of application of labor law on human resource management at enterprises Research tasks: Starting from the above research purposes, the thesis has the following research tasks:

− Analysis of theoretical issues on human resource management at enterprises and the adjustment of the law on human resource management at enterprises

− Analyze and evaluate the current situation of Vietnam's labor law on human resource management at enterprises, pointing out the advantages and limitations that still exist in the provisions of the law

− Analyze and evaluate the practical implementation of the labor law on human resource management at enterprises, point out the achieved results and the shortcomings and limitations in the actual implementation of the labor law on human resource management business problems and causes

− Proposing solutions to improve the labor law and improve the efficiency of the implementation of the law on human resource management

at enterprises in Vietnam

3 Object and scope of the study

3.1 Research object of the thesis

The PhD’s object is human resource management through the perspective

of labor law, specifically the Labor Code 2019, its degrees, circulars and practical implementation at enterprises International law and the laws of some countries on human resource management at enterprises are also studied to a certain extent

3.2 Research scope of the thesis

Scope of content: Labor law on Human resource management is a broad issue In this thesis, the PhD student only studies the basic contents of the labor law on employee management at enterprises Specifically in the following contents: recruitment, personnel training and development, management and use of personnel, remuneration for personnel The thesis does not study the handling of violations, settlement of complaints, disputes about human resource management as well as the issue of strikes The thesis also only studies the labor law on human resource management for employees in general, and does not study specific regulations for specific workers such as female employees, elderly employees, foreign workers come

to work in Vietnam, …

Spatial scope: The thesis studies the practical implementation of labor laws on human resource management in enterprises in Vietnam

Time scope: Because the Labor Code of 2019 took effect from January 1,

2021 and has inherited many provisions of the Labor Code of 2012, the thesis will study the practice of implementing labor laws on human resource

management at enterprises even before the 2019 Labor Code takes effect

issues, the provisions of the current law and the practical application of the provisions of the labor law on human resource management, the requirements of completing the provisions of the law as well as proposals to amend and supplement a number of provisions of the law in chapter 3 of the thesis; The comparative method is used to compare different views between scientists in research works; between the provisions of the current law and the provisions of the law of previous periods and foreign law;

The proof method is used in most of the content of the thesis to provide evidence to clarify the thesis of the PhD student in the contents of the thesis; The synthesis method is mainly used in drawing judgments and evaluations after the analysis in each idea, each subsection, especially used to conclude chapters and general conclusions of the thesis sentence

The research methods mentioned in the thesis are used flexibly, with a combination depending on the content and research problem

5 New contributions of the Thesis

- The thesis has systematized, analyzed, and deepened some theoretical issues about human resource management in enterprises such as the concept, characteristics, and role of human resource management in enterprises Identify the content of legal regulation on human resource management at the enterprise This research result contributes to the theoretical basis of human resource management at enterprises and the adjustment of the law

- The thesis has shown the relationship as well as the extent and limits

of state management of labor with the rights of employers in human resource management activities at enterprises

- The thesis analyzes and evaluates the current state of labor law on human resource management at enterprises, points out the achieved results as well as the shortcomings and limitations of the current law on human resource management at enterprises The thesis has pointed out the gaps of the law, the points that still exist problems in the practical application of labor law in human resource management The results of this study help to unify the application of labor law in enterprises, and at the same time serve as the basis for perfecting the labor law on human resource management in enterprises

- The thesis proposes solutions to improve the law and solutions to

improve the efficiency of the implementation of labor laws on human resource management at enterprises The results of this study contribute to amending and supplementing the labor law on human resource management, and at the same time improving the effectiveness of the application of labor law on human resource management in enterprises

6 Theoretical and practical significance of the thesis

6.1 Theoretical meaning

The thesis contributes to enrich, diversify and deepen the theoretical issues of human resource management at enterprises and the law on human resource management at enterprises The thesis also analyzed and evaluated the shortcomings and limitations of the current law on human resource management at enterprises as well as the practice of implementing current laws on human resource management at enterprises On that basis, the thesis proposes solutions to improve the law on human resource management at enterprises Therefore, the thesis will be a source of theoretical material for those who wish to study and learn about human resource management in general, and in enterprises in particular

6.2 Practical meaning

With the analysis and assessment of the current legal situation on human resource management and on that basis, making recommendations to improve the law as well as improve the effectiveness of the implementation of the law

on human resource management, the thesis will be a reference for employers in the application of labor laws in their units, as references for legislators in formulating amendments and supplements to the law, as well as for those who need to apply labor law

7 Thesis structure

In addition to the introduction, conclusion, overview of the research situation, list of references, the topic of the thesis is structured into parts including: Chapter 1: Some theoretical issues on human resource management at enterprises and labor law on human resource management at enterprises Chapter 2: Current status of Vietnamese labor law on human resource management at enterprises and practice

Chapter 3: Some solutions to improve labor law on human resource management and improve implementation efficiency at enterprises in Vietnam

RESEARCH SITUATION OVERVIEW

1 Research status of the topic

The researches of the authors in Vietnam and abroad have built a relatively complete theoretical system on human resource management in enterprises, some studies have analyzed the role and impact between research

on human resource management and research on labor law:

Firstly, on the theory of human resource management and the labor law

on human resource management, the researches have stated and analyzed some theoretical issues about human resource management Human resource management is a series of activities carried out from the recruitment process

to the termination of the labor relationship between and the employer and employee, creating a continuous, organized impact for the purpose of preserving and developing the business sustainably, in order to achieve the common, strategic and long-term goals and objectives of the business The goal of human resource management is to create the highest satisfaction for all individuals in the enterprise for their assigned work and duties The content of human resource management includes: job design and analysis, human resource planning, recruitment and placement of human resources, training and development of human resources, performance evaluation, remuneration labor, labor relations

Secondly, about the current state of labor law on human resource management and implementation practice Based on the provisions of the Labor Code in 1994, the Law amending and supplementing a number of articles of the Labor Code in 2006, the Labor Code in 2012 and the Labor Code in 2019, the research works have analyzed and clarified a number of legal contents on human resource management such as labor recruitment, labor contract, salary, vocational training, labor discipline, material responsibility At the same time, the research works also point out a number

of inadequacies and obstacles in the provisions of the law and in practice However, these works mainly study each area of labor law without approaching from the perspective of human resource management In addition, the research works, if there is an assessment of the labor law on human resource management, are mainly based on the old Labor Code (1994 and 2012) but have not been comprehensively evaluated according to the Labor Code in 2019

Thirdly, on the improvement of the labor legal system on human resource management, scholars from different angles have made a number of requirements

to improve the labor law as well as solutions that contribute to perfecting and improving the efficiency of the labor laws implementation However, the requirements as well as recommendations to improve the law in these studies are mainly recommendations for amending the Labor Code in 2012 with in-depth details on each field of labor law without any general recommendations on the basis of the Labor Code in 2019, associated with human resource management activities at enterprises, especially human resource management at enterprises in the context of the 4.0 revolution

2 Thesis issues that need further study

Based on the study results on the study situation and the contents that will

be inherited in a number of study works in Vietnam and abroad, within the scope of her study, the author realizes that some contents need to be further deepen, systematic, comprehensive and more fully; consistent with the research purpose that the topic has set Specifically, the thesis needs to continue to study the following issues:

Analyze, systematize and clarify the theoretical issues of human resource management and the adjustment of the labor law on human resource management at enterprises On the basis of theories and concepts of human resource management, determining the content of human resource management

is governed by labor law Concluding the roles and interactions between human resource management activities in the enterprise and the adjustment of labor laws Analyze and evaluate comprehensively and deeply the current state of Vietnam's labor law on human resource management in enterprises according

to the Labor Code in 2019, supplementing the study sections that have not been mentioned by previous study projects The thesis will point out some inadequacies about the current state of the law and difficulties in the practical application of labor law in human resource management activities at enterprises through specific cases

Proposing requirements and recommendations to improve Vietnam's labor law on human resource management at enterprises, especially in the context of the integration trend and the 4.0 revolution Along with that, the thesis also proposes some solutions to improve the efficiency of the implementation of current Vietnamese labor laws on human resource management in enterprises

Chapter 1 SOME THEORETICAL ISSUES ABOUT HUMAN RESOURCE MANAGEMENT AT THE ENTERPRISE AND LABOR LAW ON HUMAN RESOURCE MANAGEMENT AT THE ENTERPRISE 1.1 Some theoretical issues about human resource management

at enterprises

1.1.1 The concept and characteristics of human resource management at enterprises

1.1.1.1 The concept of human resource management at the enterprises

Organizations in general and enterprises in particular are formed by members who are human or personnel of that organization and enterprise People are considered the central and core factor that determines the survival and sustainable development of the business, or in other words, the most important and long-term human resource advantage of the enterprise is people

In a general way, the concept of “Human Resources in the enterprise” can be

introduced as: human resources, including all employees who are participating in the manufacture and business process in the enterprise with the capacity of physical, mental, moral, spiritual, social dynamism in both potential and actual in order to achieve the common goals of that enterprise

Human resources as well as other resources of the enterprise need to be effectively managed to ensure the promotion of the positive aspects of human resources to the sustainable development of the business Therefore, when it comes to corporate governance, it is impossible not to mention human resource management in the enterprise Human resource management is considered to

be one of the important contents, deciding the existence of an enterprise Modern human resource management today has developed in the direction of combining the achievements of previous schools and current studies in behavioral science, and at the same time placed in the context of globalization, so corporate governance Industry in general and human resource management in particular have made great strides in both quality and quantity, which is the core factor in forming and maintaining competitive advantages of enterprises in domestic and international markets Human resource management can be approached from two perspectives including: (1) as a way of influencing people's activities and facilitating change to achieve organizational goals and (2) as a the social relationship between the

administrative subject and the administrative object arising in the process of executing common activities in the same organization

From the above analysis, conclusions can be drawn: Human resource management in an enterprise is an organized and purposeful impact of the enterprise on the personnel in the enterprise through many activities, measures and ways to improve labor productivity and product quality, thereby enhancing the competitiveness of enterprises in daily activities The

purpose of human resource management is the effective use of human resources to achieve the strategic goals of the organization through these resources Contents of human resource management include human resource planning; job analysis and description; labor recruitment; Training and developing human resources; arrange and employ laborers; personnel evaluation and compensation; handle violations of labor discipline and terminate the employment relationship; complaint settlement, labor dispute settlement

1.1.1.2 Characteristics of human resource management at enterprises Firstly, human resource management has elements about labor management

Labor management is understood in a broad sense, that is, the organized and purposeful impact of the subject of labor management on the subject of labor management by means (mainly economic, administrative, juridical, educational…) and forms (leadership, directing, commanding, controlling, rewarding, punishing…) in order to promote the most effective use of resources to achieve the stated labor goals The subjects of human resource management are employees in the employing unit - that is, individual citizens who meet the conditions on labor legal capacity and labor behavior capacity according to the laws of each country to engage in labor relations Human resource management has a broader scope and influence than mere labor management, while human resource management is a collection of principles, policies, and strategies on human resources that are issued and implemented strictly to increase employee commitment and improve labor execution in the enterprise, labor management focuses more on the execution and labor outcomes of employees and human resources in the workplace, often only one-way from the employer's point of view

Second, about the subject of human resource management

Because it is considered a part of business management, the subject is the employer and the person holding the management title, including the management apparatus, from the leader of the unit to the leaders at all levels,

divisions in the labor management unit The employer is the person who has the right to own, manage and use the assets in the unit and is also the buyer

of the labor force of the employee, therefore, in the process of using the labor

of the employee, due to the profit objective so they have to calculate to make the most effective use of the labor force of the employee

Thirdly, about the content of human resource management: The content

of human resource management includes issues related to the use and maximum promotion of existing personnel to meet the certain business or work purposes Main activities include ensuring adequate quantity and quality of personnel, capacity building for personnel, and effective maintenance and use of existing personnel in the enterprise, mainly including recruitment, arrangement and appointment of labor; organization and administration of labor activities; signing labor contracts, collective labor agreements; promulgating internal regulations and labor regulations; inspecting and supervising the labor process and rewarding, handling violations In general, the contents of human resource management mainly include labor management activities, which are carried out through the management skills of the human resource management apparatus

Fourthly, about the goal of human resource management: is to establish

order and discipline in the employer to use labor in a reasonable and effective way, thereby helping manufacture - business process achieve efficiency, high profits, ensuring the interests of all parties, especially the interests of the employer The long-term policy objective is defined as an adaptive workforce that improves execution and maximizes human potential Labor management objectives are defined as management efficiency, standard execution and cost minimization

1.1.2 The role and significance of human resource management

1.1.2.1 For the employer

Human resource management is a policy and measure, an effective tool

to help business owners use and develop effectively, the quality of the enterprise's human resources This is a fundamental activity that plays a central role in the manufacture and business process of the enterprise, so that

on that basis, the enterprise can implement other management activities: (i) Human resource management has the role of recognizing the influence of external factors on the organization (such as the globalization process, changes in labor laws, healthcare costs, the desire of employee); (ii) Human

resource management in the enterprise also acts as an “extension arm” of the employer in building working and enterprises order, raising the awareness and attitude of complying with the law and labor discipline of the employees

in the enterprise; (iii) Human resource management plays a role in maintaining a harmonious relationship between employers and employees in the labor relationship

1.1.2.2 For the employee

Human resource management is an effective tool to protect the rights and interests of employee in the enterprise Thanks to it, people are in their right positions and allotment of remuneration according to the ability and effort of each person's contribution Human resource management plays the role of a tool to motivate employee in the working environment at the enterprise, promoting the initiative and creativity in work to improve the labor productivity of employee

1.1.2.3 For the state and society

Human resource management is carried out on the basis of systems of labor law regulations and vice versa, the actual implementation of human resource management activities in the enterprise is a vivid practical basis promoting the reform of the state's labor law in order to regulate the labor relations between employers and employees in the market economy

1.1.3 Models of human resource management in the enterprises

First: Michigan Human Resource Management Model The Michigan

model identifies four key components of human resource management: selection, evaluation, development, and reward Selection involves identifying and recruiting employees with the necessary skills and competencies to achieve the organization's goals This helps in better execution of the strategic goals of the organization The company's human resources are considered as strategic assets representing competitive advantages

Second, the Harvard human resource management model The Harvard

model is considered one of the most influential “soft human resource” approaches because it focuses on people rather than results The Harvard model seeks to provide an optimal context for people to work at their best, consisting of four key components: management interests, practical aspects, personnel policy, and expected outcomes

Third, the Japanese model of human resource management The

Japanese believe that one becomes happy by working hard This profoundly

affects Japanese-style human resource management Japan is well known for its traditional three-pillar employment system of long-term employment, salary and seniority-based promotions, corporate unions, and employee

involvement in the process of resolving business cases

1.2 Some theoretical issues on human resource management law

at enterprises

1.2.1 Legal concepts of human resource management at enterprises

Law is understood as the general mandatory rules of conduct promulgated or recognized by the State and guaranteed to implement, expressing the will of the ruling class and is a factor regulating social relations to develop in accordance with the interests of their class In modern society, law is understood as a set of rules governing human behavior that is applied to all members of the social community and enforced by the government through the application of sanctions to violators

Currently, the recognition and regulation of human resource management is an important content in the laws of countries around the world Different countries have different regulations on this issue stemming from the ownership regime, from the characteristics of the labor market, from the point of view of the legislators In general, depending on different countries, the issue of human resource management is uniformly regulated in

a Labor Code or Law or regulated in many different laws or codes Although countries have different legal systems, they all share the same orientation in the development of laws and regulations with similar contents governing relevant issues in human resource management to ensure that employers have

be self-determined in the application of the provisions of law in each of their enterprises and business establishments

It can be understood that “The law on human resource management is a collection of legal regulations promulgated by competent state agencies on the establishment of tools and contents in human resource management in order to use staff effectively The labor law on human resource management consists of two main contents: One is to establish tools for human resource management such as the promulgation of labor rules, regulations in the unit, signing of labor contracts and the contents of human resource management such as personnel recruitment, human resource management, remuneration regime for personnel and personnel training and development issues