ABSTRACT:
This paper analyzes and clarifies w88 link w88 moi nhat basic international labor standards mentioned in w88 link w88 moi nhatComprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP) which Vietnam and other member countries of this agreement have made commitment and enforced to protect w88 link w88 moi nhat basic rights of employees. This paper also analyzes w88 link w88 moi nhat factors affecting w88 link w88 moi nhat enforcement of laws on w88 link w88 moi nhat protection of employees' rights according to basic international labor standards.
Keywords: basic international labor standards, employees rights, w88 link w88 moi nhat Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
1. Introduction
In recent years, joining new-generationFree Trade Agreements(FTAs) has been a trend of countries around w88 link w88 moi nhat world. Participation in FTAs, on w88 link w88 moi nhat one hand, has brought member countries favorable opportunities in creating driving force for socio-economic development, expanding export markets, and creating jobs for employees, improving people's material life, etc. On w88 link w88 moi nhat other hand, with non-commercial commitments (such as on environment, labor, public procurement, etc.), member countries must make changes in legal regulations to meet w88 link w88 moi nhat requirements and demands from these FTAs.
Particularly for w88 link w88 moi nhat Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in w88 link w88 moi nhat field of labor, w88 link w88 moi nhat issue of labor rights and protection of employees' rights has been recognized in Chapter 19 of w88 link w88 moi nhat CPTPP Agreement1. This FTA did not introduce new labor rights but it only reiterated w88 link w88 moi nhat labor rights stated in w88 link w88 moi nhat 1998 Declaration with eight core conventions (Core/Fundamental Convention) of w88 link w88 moi nhat International Labor Organization (ILO), widely accepted on a global scale. Accordingly, each party adopts and maintains w88 link w88 moi nhat rights set forth in w88 link w88 moi nhat ILO Declaration on Fundamental Principles and Rights at Work2in its laws and regulations as well as in w88 link w88 moi nhat implementation of such laws and regulations in its country. This declaration has identified four fundamental principles and rights of employees, corresponding to w88 link w88 moi nhat four pairs of core ILO conventions.
Although there are different names such as core labor standards, fundamental principles and rights, internationally recognized labor standards recognized labor standards, human rights labor conventions, w88 link w88 moi nhat basic international labor standards have been developed by w88 link w88 moi nhat ILO, reflected in its conventions, which are considered core conventions on employees' rights, valid for all member countries, especially for ratifying countries.
In essence, w88 link w88 moi nhat basic international labor standards are regulations on working conditions established in certain forms as w88 link w88 moi nhat basis for w88 link w88 moi nhat construction and operation of labor relations. w88 link w88 moi nhat basic international labor standards are introduced with different political, economic and social purposes. But w88 link w88 moi nhat main driving force is to promote w88 link w88 moi nhat improvement of working conditions and w88 link w88 moi nhat implementation of basic principles of w88 link w88 moi nhat Law on Labor3. Countries that have ratified conventions and recommendations or not can still transform w88 link w88 moi nhat spirit of w88 link w88 moi nhat ILOs documents into their national legislation, with w88 link w88 moi nhat aim of protecting employees' legitimate rights and interests and creating conditions for building progressive, harmonious and stable labor relations.
2. Basic international labor standards required by w88 link w88 moi nhat Comprehensive and Progressive Agreement for Trans-Pacific Partnership on w88 link w88 moi nhat protection of employees' rights
w88 link w88 moi nhat CPTPP was formerly known as w88 link w88 moi nhat Trans-Pacific Partnership Agreement (TPP)4. Like w88 link w88 moi nhat previous TPP, w88 link w88 moi nhat CPTPP affirms its obligations as a member of w88 link w88 moi nhat ILO, including those outlined in w88 link w88 moi nhat 1998 ILO Declaration relating to labor rights in w88 link w88 moi nhat its territory and recognizes that labor standards may not be used for trade protectionism purposes5. w88 link w88 moi nhat basic international labor standards mentioned in w88 link w88 moi nhat CPTPP Agreement are shown in w88 link w88 moi nhat following contents:
2.1. Protecting w88 link w88 moi nhat right to freedom of association and substantive recognition of employees' right to collective bargaining
2.1.1. About w88 link w88 moi nhat right to freedom of association
w88 link w88 moi nhat right to freedom of association (also known as freedom of association) of employees is exercised through w88 link w88 moi nhat activities of labor representative organizations. Basically, w88 link w88 moi nhat representative organization of w88 link w88 moi nhat employees is established by w88 link w88 moi nhat employees on w88 link w88 moi nhat basis of w88 link w88 moi nhat principle of freedom, voluntariness, and not against w88 link w88 moi nhat law, with w88 link w88 moi nhat main function of representing and protecting w88 link w88 moi nhat legitimate rights and interests, and worthy for employees. w88 link w88 moi nhat establishment of employees' representative organization is a major movement in w88 link w88 moi nhat world, appearing in Europe at w88 link w88 moi nhat beginning of w88 link w88 moi nhat nineteenth century when w88 link w88 moi nhat employees had a need to be protected against w88 link w88 moi nhat power of w88 link w88 moi nhat employers and they were aware of w88 link w88 moi nhat value of collective strength6. At w88 link w88 moi nhat national level, employees may establish one or more of their representative organizations, depending on w88 link w88 moi nhat extent to which w88 link w88 moi nhat freedom of association of employees is recognized by national law. In countries that do not support to political pluralism, there is often a single type of organization representing employees. In contrast, in countries that favor pluralism, there are often different types of organizations representing different groups of employees.
On w88 link w88 moi nhat international level, w88 link w88 moi nhat representative organizations of employees have w88 link w88 moi nhat right to join w88 link w88 moi nhat representative organizations of employees in w88 link w88 moi nhat region and at w88 link w88 moi nhat international level7. Thus, it can be seen that w88 link w88 moi nhat labor representative organizations were born from w88 link w88 moi nhat actual need to protect w88 link w88 moi nhat legitimate rights and interests of employees. w88 link w88 moi nhat recognition and protection of employees through representative organizations in different countries depend on w88 link w88 moi nhat political regime, legal policies, and socio-economic conditions of each country.
w88 link w88 moi nhat ILO stipulates w88 link w88 moi nhat right to organize in w88 link w88 moi nhat Convention No.87 on Freedom of Association and Protection of w88 link w88 moi nhat Right to Organise Convention and w88 link w88 moi nhat Convention No.98 on Right to Organise and Collective Bargaining Convention. Accordingly, w88 link w88 moi nhat ILO recognizes that employees and employers have w88 link w88 moi nhat right to participate in w88 link w88 moi nhat establishment and membership of trade unions, in accordance with their charter of trade unions to promote and protect their interests. w88 link w88 moi nhat Convention No.87 provides: (i) Employees and employers, without distinction of any kind, do not have to ask for prior permission but still have w88 link w88 moi nhat right to organize and join organizations of their choices, with w88 link w88 moi nhat only condition which is to comply with w88 link w88 moi nhat organization's own charters (Article 2); (ii) Employees' and employers' organizations have w88 link w88 moi nhat right to establish their own charters and management rules, freely elect their representatives, organize w88 link w88 moi nhat administration of their activities, and draw up their program of activities. w88 link w88 moi nhat competent authorities must avoid any interference of a nature that would restrict that right, or impede w88 link w88 moi nhat lawful exercise of that right (Article 3). In general, w88 link w88 moi nhat right to form and join trade unions is voluntary of employees.
2.1.2. Substantive recognition of employees' right to collective bargaining
Collective bargaining has long been proven to be an important and effective means of building agreements to protect jobs and working conditions for employees, and to create conditions for businesses to adjust their production and business activities which adapt to changes in economic circumstances while still complying with and protecting and ensuring basic labor rights8. Collective bargaining plays an important role in w88 link w88 moi nhat existence and development of labor relations, because collective bargaining is w88 link w88 moi nhat "heart" of a healthy labor relationship and a successful labor market because it is a tool to determine working conditions and employees using at w88 link w88 moi nhat enterprise, create conditions for w88 link w88 moi nhat labor relations to develop in a harmonious, healthy and sustainable manner, balancing w88 link w88 moi nhat interests of w88 link w88 moi nhat parties. At w88 link w88 moi nhat same time, it contributes to w88 link w88 moi nhat prevention, limitation and settlement of labor disputes arising in labor relations9. It can be seen that w88 link w88 moi nhat role of collective bargaining aims to balance w88 link w88 moi nhat position of employees with employers in labor relations; improving salary and working conditions, ensuring w88 link w88 moi nhat principle of equality in all aspects, enhancing w88 link w88 moi nhat stability of labor relations, and at w88 link w88 moi nhat same time, being an effective measure to effectively limit and resolve conflicts, disputes in labor relations.
On w88 link w88 moi nhat ILO's side, this organization believes that collective bargaining is a process of negotiation and discussion between two parties, w88 link w88 moi nhat employer and w88 link w88 moi nhat representative of w88 link w88 moi nhat workers' collective, on issues of interest related to economic and social policies. w88 link w88 moi nhat above understanding of w88 link w88 moi nhat ILO shows that collective bargaining only exists when there are employees, employers and their representative organizations. That shows that employees and employers only exist when there is a system of labor relations in w88 link w88 moi nhat market economy, but not in an agricultural society without modern labor relations or modern labor relations which have not yet developed at a certain high level10.
2.2. Elimination of all forms of forced and compulsory labor
In international law, forced or compulsory labor is any work or service that a person is forced to do under w88 link w88 moi nhat threat of any penalty and that w88 link w88 moi nhat person does not voluntarily perform11. w88 link w88 moi nhat laws of most countries in w88 link w88 moi nhat world say that forced labor is an illegal form of labor that is prohibited and eliminated by law. All forms of forced labor are condemned, violations of w88 link w88 moi nhat law on forced labor can be handled, and subjects who violate w88 link w88 moi nhat provisions of w88 link w88 moi nhat law on forced labor can be held legally responsible at different levels.
Protecting w88 link w88 moi nhat rights of employees in w88 link w88 moi nhat fight and prevention of forced labor is considered a central content in national legal policies to improve working conditions for employees. It shows that w88 link w88 moi nhat abolition of forms of forced labor is w88 link w88 moi nhat efforts of countries in building a progressive, harmonious and stable labor relations on w88 link w88 moi nhat basis of respecting w88 link w88 moi nhat legitimate rights and interests of w88 link w88 moi nhat parties involved Labor relations, in line with international standards, are one of w88 link w88 moi nhat bases for maintaining w88 link w88 moi nhat political and social stability of w88 link w88 moi nhat country - a prerequisite for promoting economic development and attracting FDI foreign investment. And that is even more meaningful in w88 link w88 moi nhat current international context, when w88 link w88 moi nhat basic international labor standards are highly valued, humanism values, human rights, and rights of employees are focused and considered mandatory regulations, not indispensable in new generation FTAs, including w88 link w88 moi nhat CPTPP that member countries commit to and implement.
2.3. Effective elimination of child labor, prohibition of w88 link w88 moi nhat worst forms of child labor
Child labor is a global social issue and is always a hot topic in w88 link w88 moi nhat world, attracting w88 link w88 moi nhat attention of international organizations and progressive countries around w88 link w88 moi nhat world. w88 link w88 moi nhat abuse of child labor always leaves very serious consequences and corrolaries, depriving children of w88 link w88 moi nhat opportunity to develop to their fullest potential, greatly affecting their physical and mental health, adversely affecting w88 link w88 moi nhat sustainable development of society, w88 link w88 moi nhat future of each country and nation.
In order to protect children, w88 link w88 moi nhat United Nations as w88 link w88 moi nhat largest organization in w88 link w88 moi nhat world adopted w88 link w88 moi nhat Convention on w88 link w88 moi nhat Rights of w88 link w88 moi nhat Child (1989), and w88 link w88 moi nhat ILO adopted w88 link w88 moi nhat Convention No.138 on w88 link w88 moi nhat minimum working age - in 1973 and w88 link w88 moi nhat Convention No.182 on w88 link w88 moi nhat Prohibition and Urgent Action to Eliminate Bad Forms of Child Labor in 1999. These are important legal documents that form w88 link w88 moi nhat basis for w88 link w88 moi nhat protection of w88 link w88 moi nhat basic rights of children, prevent and eliminate child labor, and prohibit bad forms of child labor. Effectively eliminating child labor and banning w88 link w88 moi nhat worst forms of child labor are one of w88 link w88 moi nhat "standards" in w88 link w88 moi nhat labor sector that new-generation FTAs, including w88 link w88 moi nhat CPTPP, require members to comply with and implement. This must be followed and implemented. In w88 link w88 moi nhat context of globalization that is taking place strongly and deeply today, w88 link w88 moi nhat birth of FTAs is one of w88 link w88 moi nhat clear proofs for w88 link w88 moi nhat trend of globalization and international economic integration of countries. w88 link w88 moi nhat basic international labor standards are considered as mandatory and indispensable contents in w88 link w88 moi nhat content of FTAs, in which w88 link w88 moi nhat standard on child labor protection and elimination of all bad forms of child labor are always considered one of w88 link w88 moi nhat “core” standards in w88 link w88 moi nhat basic international labor standards.
2.4. Elimination of discrimination in employment and occupation
Creating decent jobs for all as well as equal distribution of income for employees is considered w88 link w88 moi nhat center of all socio-economic policies of countries. However, discrimination in opportunities and treatment in employment and occupation is common in most countries around w88 link w88 moi nhat world. That comes from many different reasons such as legal regulations, customs, negative impacts of w88 link w88 moi nhat labor market, even prejudices in society12. Discrimination in labor relations is quite common in w88 link w88 moi nhat world. Struggling to ensure equality and ending all discriminatory acts in employment and occupation against employees are important goals and tasks in w88 link w88 moi nhat process of building a progressive, harmonious and stable labor relationship, protecting w88 link w88 moi nhat legitimate rights and interests of employees.
w88 link w88 moi nhat ILO also adopted w88 link w88 moi nhat Convention No.111 on Discrimination in Employment and Occupation in 1958. Accordingly, discrimination is considered: “Any distinction, exclusion or preference based on race, color, sex, religion, political opinion, national origin or social origin, which has w88 link w88 moi nhat effect of eliminating or impairing equality of opportunity or treatment in employment or job"13. Ending discrimination in labor and profession is necessary. On w88 link w88 moi nhat one hand, it ensures equal rights of employees in labor relations, a fundamental right in labor law. On w88 link w88 moi nhat other hand, ending discrimination contributes to improving labor productivity; improving w88 link w88 moi nhat material and spiritual life of employees; contributes to improving and stabilizing labor relations, creating motivation to promote progress, fairness and equality in society. Ending discrimination in labor and employment is considered to be one of w88 link w88 moi nhat Basic International Labor Standards which are referred to by w88 link w88 moi nhat CPTPP and obligatory for member countries to commit to and enforce.
3. Factors affecting w88 link w88 moi nhat implementation of legislation on w88 link w88 moi nhat protection of employees' rights in accordance with basic international labor standards mentioned in w88 link w88 moi nhat Comprehensive and Progressive Agreement for Trans-Pacific Partnership
3.1. Political factors
Politics and law are important components of w88 link w88 moi nhat social superstructure based on certain infrastructures. Politics is expressed in w88 link w88 moi nhat lines and policies of w88 link w88 moi nhat State, parties and legal documents. Law is w88 link w88 moi nhat most concentrated, direct and specific form of expression of w88 link w88 moi nhat ruling party's lines and policies compared to other forms of expression. Thanks to w88 link w88 moi nhat law, w88 link w88 moi nhat ruling party's lines are disseminated on a society-wide scale in w88 link w88 moi nhat form of universally binding codes of conduct and secured by appropriate state measures14. In essence, w88 link w88 moi nhat CPTPP is an international treaty, expressed through a specific form, an agreement15signed between countries and valid for member countries, including Vietnam.
For member countries, participating in FTAs, in addition to complying with conditions in w88 link w88 moi nhat trade sector, must also comply with and enforce other non-commercial standards, notably international labor force on w88 link w88 moi nhat protection of employees' rights through w88 link w88 moi nhat Basic International Labor Standards. It can be seen that w88 link w88 moi nhat political factor has a great and direct impact on w88 link w88 moi nhat implementation of w88 link w88 moi nhat law on w88 link w88 moi nhat protection of employees' rights to meet w88 link w88 moi nhat requirements of w88 link w88 moi nhat basic international labor standards mentioned in w88 link w88 moi nhat CPTPP. However, countries should also thoroughly and carefully consider ratifying or acceding to ILO conventions, including core conventions, so that w88 link w88 moi nhat accession is in line with their conditions, characteristics and for w88 link w88 moi nhat national interest16.
3.2. Socio-economic factors
Assessment of w88 link w88 moi nhat impact of w88 link w88 moi nhat CPTPP on socio-economic factors can see a double-acting relationship. On w88 link w88 moi nhat one hand, together with w88 link w88 moi nhat influence of other FTAs, w88 link w88 moi nhat CPTPP will have great and far-reaching impacts on many aspects of socio-economic life such as contributing to creating driving force for economic development, attracting foreign investment; creating new business opportunities, expanding markets and business environment for Vietnamese enterprises; contributing to protecting human rights, reforming w88 link w88 moi nhat national political institution towards democracy, openness, transparency, etc. On w88 link w88 moi nhat other hand, socio-economic factors have an impact on w88 link w88 moi nhat implementation of w88 link w88 moi nhat commitments of w88 link w88 moi nhat CPTPP in general and w88 link w88 moi nhat protection of employees' rights in particular. Those socio-economic factors are w88 link w88 moi nhat market economy mechanism, w88 link w88 moi nhat economy's competitiveness, national governance capacity, labor force and human resource quality, etc. or other enforcement capacities to comply with and operational capacity to meet w88 link w88 moi nhat rigorous and very demanding conditions of an agreement that is considered “comprehensive” and “progressive” like w88 link w88 moi nhat CPTPP. This is completely true with w88 link w88 moi nhat assumption that once w88 link w88 moi nhat economy and society develop, human rights, especially economic, social and cultural rights will be better guaranteed17.
3.3. Legal factor
Like other social relations, w88 link w88 moi nhat law has a direct impact and is considered an effective "means" to influence w88 link w88 moi nhat implementation of legal contents on w88 link w88 moi nhat protection of employees' rights as required by w88 link w88 moi nhat CPTPP. By their international commitments, Vietnam and other member countries are obliged to respect and ensure w88 link w88 moi nhat implementation of commitments in w88 link w88 moi nhat implementation of international labor standards of w88 link w88 moi nhat ILO, in particular Labor standards which are outlined in w88 link w88 moi nhat 1998 ILO Declaration, which is widely recognized globally. Those international labor standards are recognized as fundamental and core rights of employees, which countries are obliged to “adopt” and “maintain” in order to ensure w88 link w88 moi nhat implementation of w88 link w88 moi nhat agreed and commited contents. With w88 link w88 moi nhat basic goal of substantive and effective protection of w88 link w88 moi nhat basic rights of employees. Thus, it can be seen that w88 link w88 moi nhat law is an important and necessary tool and has a direct impact on w88 link w88 moi nhat implementation of w88 link w88 moi nhat law on w88 link w88 moi nhat protection of employees' rights according to w88 link w88 moi nhat Basic International Labor Standards, meeting w88 link w88 moi nhat requirements of CPTPP Agreement.
3.4. Law enforcement factors of w88 link w88 moi nhat subjects
In order for w88 link w88 moi nhat protection of employees' rights to meet w88 link w88 moi nhat requirements, according to w88 link w88 moi nhat Basic International Labor Standards of w88 link w88 moi nhat CPTPP, it requires w88 link w88 moi nhat participation of many different actors. w88 link w88 moi nhat subjects responsible for w88 link w88 moi nhat implementation of this mission can be w88 link w88 moi nhat State through competent state agencies, organizations representing employees, employers and employees themselves. In which, it can be seen that w88 link w88 moi nhat main actors are w88 link w88 moi nhat State and w88 link w88 moi nhat employers.
For w88 link w88 moi nhat State, this is w88 link w88 moi nhat central subject, w88 link w88 moi nhat State has w88 link w88 moi nhat function and obligation to protect social relations by promulgating legal norms and applying protection regulations according to certain legal procedures for violations of w88 link w88 moi nhat law18in order to ensure social relations in an intentional "order" of w88 link w88 moi nhat State. Therefore, for w88 link w88 moi nhat protection of employees' rights, w88 link w88 moi nhat State will play an important and decisive role in w88 link w88 moi nhat content of this issue.
4. Conclusion
Currently, along with w88 link w88 moi nhat process of extensive international economic integration, Vietnam has signed and joined many new-generation FTAs. One of w88 link w88 moi nhat agreements that will have a great impact on w88 link w88 moi nhat socio-economic development of Vietnam in w88 link w88 moi nhat near future is w88 link w88 moi nhat CPTPP. This is considered a "comprehensive and progressive" free trade agreement with strict standards, which not only deals with traditional trade areas but also regulates non-commercial and non-traditional issues, in which there are Basic International Labor Standards in w88 link w88 moi nhat field of labor with w88 link w88 moi nhat aim of protecting employees' basic labor rights, in w88 link w88 moi nhat spirit and content of w88 link w88 moi nhat 1998 ILO Declaration, with w88 link w88 moi nhat foundation of eight fundamental and core conventions of this organization which are "referenced" by CPTPP member countries and are binding on member countries.
This requires that w88 link w88 moi nhat protection of employees' rights in w88 link w88 moi nhat provisions of w88 link w88 moi nhat laws of w88 link w88 moi nhat member countries of w88 link w88 moi nhat CPTPP in general and Vietnam in particular must be compatible, consistent and responsive to w88 link w88 moi nhat basic international labor standards mentioned in this agreement, which becomes more necessary than ever.
ENDNOTE:
1w88 link w88 moi nhat CPTPP Agreement was signed on March 08th, 2018 in Santiago - Chile and officially took effect on December 30th, 2018.
2Article 19.3 - CPTPP Agreement.
3Luu Binh Nhuong. (2006). w88 link w88 moi nhat regulation of labor standards in Vietnam. Jurisprudence Journal, 2, 46.
4w88 link w88 moi nhat CPTPP Agreement with w88 link w88 moi nhat participation of 11 members including Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. CPTPP was officially signed on March 08th, 2018 in Santiago, Chile. On November 02nd, 2018, w88 link w88 moi nhat National Assembly of Vietnam ratified w88 link w88 moi nhat new-generation FTA and this agreement came into force in Vietnam from January 14th, 2019.
5Article 19.2 - CPTPP Agreement.
6Nguyen Quang Quynh. (1972). Law on Labor and Social Security, Sai Gon, 1972.
7Le Thi Hoai Thu. (2018). Completing w88 link w88 moi nhat law on labor representative organizations when Vietnam joins w88 link w88 moi nhat Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Science Journal of Vietnam National University, Hanoi: Jurisprudence, 34(4), p.33.
8S. Hayter, T. Fashoyin, T. A. Kochan. (2011). Collective bargaining for w88 link w88 moi nhat 21st century. Journal of Industrial Relations, 4, 241.
9Pham Thi Thuy Nga. (2019). Completing w88 link w88 moi nhat law on collective bargaining in w88 link w88 moi nhat current integration context in Vietnam. Hanoi: Social Science Publishing House.
10Pham Thi Thuy Nga. (2019). Completing w88 link w88 moi nhat law on collective bargaining in w88 link w88 moi nhat current integration context in Vietnam. Hanoi: Social Science Publishing House.
11Clause 1, Article 2 of ILO Convention 29 - 1930.
12Tran Thi Thuy Lam. (2011). Convention on Discrimination in Employment, Occupation and Internalization in Vietnamese Labor Law. Jurisprudence Journal, 1, 25.
13Clause 1, Article 1, Convention No. 111.
14Hoang Thi Kim Que. (2005). General theoretical textbook on State and law. Hanoi: Publishing House of Vietnam National University.
15Clauses 1, 2 - Article 2 - Law on International Treaties 2016.
16Le Thi Thuy Huong. (2019). On w88 link w88 moi nhat possibility of implementing labor commitments in w88 link w88 moi nhat free trade agreement and some challenges for Vietnam. Vietnams new-generation FTAs. Vietnam Legal Science Journal, 03(124), 44.
17Le Thi Hoai Thu, Vu Cong Giao (Chief author). (2016). w88 link w88 moi nhat Impact of Free Trade on Human Rights. Hanoi: Hong Duc Publishing House.
REFERENCES:
- ILO. (1930).C029 - Forced Labour Convention. Adoption: Geneva, 14th ILC session(28 Jun 1930).
- ILO. (1948).C087 - Freedom of Association and Protection of w88 link w88 moi nhat Right to Organise Convention. Adoption: San Francisco, 31st ILC session(09 Jul 1948).
- ILO. (1949).C098 - Right to Organise and Collective Bargaining Convention. Adoption: Geneva, 32nd ILC session(01 Jul 1949).
- ILO. (1951).C100 - Equal Remuneration Convention. Adoption: Geneva, 34th ILC session(29 Jun 1951).
- ILO. (1957).C105 - Abolition of Forced Labour Convention. Adoption: Geneva, 40th ILC session(5 June 1957).
- ILO. (1958).C111 - Discrimination (Employment and Occupation) Convention. Adoption: Geneva, 42nd ILC session(25 Jun 1958).
- ILO. (1973).C138 - Minimum Age Convention. Adoption: Geneva, 58th ILC session(26 Jun 1973).
- ILO. (1999).C182 - Worst Forms of Child Labour Convention. Adoption: Geneva, 87th ILC session(17 Jun 1999).
- Baban Hasnat. (2002). w88 link w88 moi nhat impact of core labor standards on exports.International Business Review,11(5), 563-575.
- Dao Thi Hang. (2014). w88 link w88 moi nhat employer's representative organization in labor relations according to w88 link w88 moi nhat current law.Jurisprudence Journal,10, 34.
- w88 link w88 moi nhat CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership). [Online] Avalabile athttps://wtocenter.vn/upload/files/fta/174-ftas-concluded/175-cptpp-tpp11/177-full-text/Comprehensive-and-Progressive-Agreement-for-Trans-Pacific-Partnership-CPTPP-English.pdf
- ILO. (2005). Global Alliance Against Forced Labour. [Online] Avalabile athttps://www.ilo.org/public/english/ standards/relm/ilc/ilc93/pdf/rep-i-b.pdf
- United Nations Global Conpact - w88 link w88 moi nhat ten principles of w88 link w88 moi nhat UN Global Compact. [Online] Avalabile athttps://www.unglobalcompact.org/what-is-gc/mission/principles.
CÁC YÊU CẦU VỀ TIÊU CHUẨN LAO ĐỘNG QUỐC TẾ CƠ BẢN
ĐỂ BẢO VỆ QUYỀN LỢI CỦA NGƯỜI LAO ĐỘNG
THEO HIỆP ĐỊNH ĐỐI TÁC TOÀN DIỆN
VÀ TIẾN BỘ XUYÊN THÁI BÌNH DƯƠNG
• NCS.TRẦN TUẤN SƠN
Đại học Luật, Đại học Huế
• MAI VĂN ANH
Khoa Luật, Đại học Kinh tế, Đại học Đà Nẵng
TÓM TẮT:
Bài báo này phân tích và làm rõ các tiêu chuẩn lao động quốc tế cơ bản được đề cập đến trong Hiệp định Đối tác Toàn diện và Tiến bộ xuyên Thái Bình Dương (CPTPP) mà Việt Nam và các nước thành viên khác đã cam kết thực hiện nhằm bảo vệ các quyền cơ bản của người lao động. Đồng thời, bài báo cũng phân tích các nhân tố ảnh hưởng đến việc thực thi các quy định pháp luật về quyền của người lao động theo các tiêu chuẩn quốc tế.
Từ khóa:tiêu chuẩn lao động quốc tế cơ bản, quyền của người lao động, Hiệp định Đối tác Toàn diện và Tiến bộ xuyên Thái Bình Dương (CPTPP).
[Tạp chí Công Thương - Các kết quả nghiên cứu khoa học và ứng dụng công nghệ, Số 16, tháng 7 năm 2021]
