So sánh pháp luật về hợp đồng lao động việt nam và hàn quốc tt tiếng anh

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INTRODUCTION
1. The neccessity of researching topic
Labor contract is an agreement on the basis of voluntariness and equality of
the subject known as an Employee (the Employee) who has the requirement of
job to earn income (salary) to ensure his own life and his family; with the
Employer (the Employer) need to hire labor for production, business to earn
profit. In particular, the Employee is under the management of the Employer,
committed to work to get salaries and perform the rights and obligations as
agreed.
In Vietnam, the Labor Code (Labor Code) has been issued since 1994 and
amended and supplemented three times in the years of 2002, 2006 and 2007. In
2012, Vietnam has continued to amend and supplement for the 4th time of
Labor Code and it is expected to continue revising in the year of 2018-2019.
Labor market, labor relations have been developing more and more constantly,
on the other hand, the changes of labor market as well as the awareness of the
participants in labor relations have also changed. Meanwhile, the Labor
Contract Law has revealed a lot of limitations, a lot of general provisions,
unclear in the different versions of the Labor Code with 3 revisions, caused
difficulties to acquire, understandi and perform. Some regulations on current
labor contracts still have a lot of inadequate things, or lack of necessary
regulations such as regulations on labor contracts; cases of terminating the
labor contracts and procedures for terminating the labor contracts to leave work
and enjoy the pension policies ; general procedures for terminating the labor
contracts; legal consequences and invalid mechanism of labor contract
handling; severance allowances, job loss allowances; regulations on testing
work, testing time; regulations on contents in the labor contracts; conditions on
terminating the labor contracts; paying for severance allowances ... There are
legal regulations that have not kept up with the operation of labor market. The
explanation and application of lawful reglations on labor contracts are not
consistent, affecting the implementation process as well as settling the labor

disputes. The integration and international cooperation in the field of labor
contracts is not high. Practical implementation of legal regulations on labor
contracts also raises a lot of in adequate problems. False signature on the type
of contract also occurs popularly, affecting the benefits of employees. The
content of labor contract is still sketchy and does not guarantee the minimum
contents as prescribed by law. A great deal of labor contracts have not actually
been "committed" but mainly "enterred"; The provisions in the labor contract
documents are prepared by the Employer, a lot of clauses are detrimental to the
Employees, however, due to the pressure of having employment, the legal
consciousness is not high or due to lack of skills, the Employees are often
reluctant to accept. The situation of "dodging the law" in the conclusion,
terminating the labor contracts, dismissal of illegal employees takes place quite
popularly, as a result that labor disputes arisen


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In Korea, the Labor Code has also been revised and supplemented
continuously from 1953 until now (1st September 2014). The Korean Labor
Code consists of a lot of laws, including the labor law standards consists of 12
chapters, of which chapter 2: Labor contracts are regulated clearly, contributing
to promote the formation and healthy development of labor market. However,
labor relations are becoming more developed and discontinued on changes, on
the other hand, labor market as well as awareness of the participants in the
labor relation has had a lot of changes. Meanwhile, legal regulations on labor
contracts have also revealed a lot of restrictions. The continuous change of
labor law caused the Employees and Employers meet a lot of restrictions in
implementing and remembering the items in labor contracts.
The reality of applying the labor law between Vietnam and Korea in recent
years showed that, despite good preparation from the recruitment of employees
and labor management, in Vietnam, labor relations in Korean Enterpriese remains

the "hot spot" of labor disputes, especially in collective labor disputes. In Korea,
in the recent years thousands of Vietnamese employees have been sent to work
under contracts to send the employees to work abroad through labor brokage
companies, contributing to solve the labor shortages for the world's most
developed production market. However, due to the training, guidance ... of
enterprises to send the employees to work in Korea is not profound; qualifications
and understanding of labor laws in general, Korean Labor Laws of Vietnamese
employees have not satisfied the requirements, so a lot of employees violated
Korean law. Since then, it has affected the production and business environment
and labor cooperation relations between the two countries.
However, so far there have been no specific studies of academic programs
as well as profound, statured and high generalized practices to help the Labor
Relation's parties in Korean investment enterprises in Vietnam. and in
enterprises in Korea to understand and apply the labor law in general and the
labor contract law in particular. This is the starting point of the idea to compare
labor laws of Vietnam and Korea with a doctoral thesis. So I have selected the
topic: "Comparing the law on labor contracts between Vietnam and Korea" to
make my own doctoral thesis.
2. Purpose, obligation of research
Rearching the topic for general purposes is to build up a thesis on
comparing the preparation of Vietnamese and Korean labor contracts, thereby
proposing recommendations on solutions to improve the compatibility and
effectiveness of implementing labor law of Vietnam and South Korea in the
context of labor cooperation and investment cooperation between the two
countries.
Specific targets:
+ Contributing to make clear the history background, relationship situation
between Vietnam and Korea, meanwhile going in to details of researching the
investment siuation of Korean Enterprises in Vietnam, Korea Employee works
in Vietnam, Vietnamses Enterprises invest in Korea, Vietnamese employees

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working in Korea to serve for Korean Enterprises to invest and recruit workers
in Vietnam
+ At the same time, through the study of labor laws of Vietnam and Korea
will contribute to helping the Vietnamese Employees in Korea to grasp and
understand the law.
+ Making the proposals and suggestion on measures to improve the law on
labor contracts of Vietnam and Korea in order to create favorable conditions for
approaching, implementing and resolving the issues related to labor law of two
systems.
3. Object, scope of research
The researching object of this topic focuses on lawful comparision research
on labor contracts of Vietnamese and Korean labor laws. The comparative
content is shown by comparing 2 regulations of labor contracts of two countries,
mainly the provisions of Labor Code 2012 of Vietnam and documents
instructing to the implementation of this Code with the system of rules. labor
contract according to Korean labor law.
Scope of researching is mainly focused on resolving the following issues
- Theoretical problems on labor contracts; historical context, socioeconomic situation and lawful system in general, labor law system of Vietnam
and Korea.
- The system of legal provisions on labor contracts according to Vietnamese
labor laws with the regulations of labor law according to the Korean labor law.
Therefore, evaluating the regulations of law on labor contracts of two countries,
withdrawing the advantages and disadvantages of regulations as said above
- Reality in implementing to the law on labor contracts in Korean
Investment Enterprises in Vietnam and Enterprises using Vietnamese
Employees in Korea. The researh aimed to clarify the status of applying the
labor law, advantages, restriction and causes.

- Other rekated problems to Labor Contrac, law of labour contract in
service for topic
4. New contributions of thesis
Thesis has contributions in argument and reality as follows:
- Contributing to clarify the historical context, the situation of relations
between Vietnam and Korea, in which going into the study of investment
situation of Korean enterprises in Vietnam, Korean employees working in
Vietnam, Vietnamese enterprises investing in Korea, Vietnamese employees
working in Korea.
- Presenting some general problems on Labour Contract, Labour Contract
Law of Vientam and Korea as the following research basis
- Presenting systematically, analyzing and evaluating the lawful regulations
of Vietnam and Korea, in particular clarifying the current labor law system
between two countries. Comparing and making clear of similarities and
differences in the regulations of the labor contract law between Vietnam and
Korea; the application of these regulations in practical labor relations in


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enterprises; labor disputes related to labor contract regulations and the causes of
such disputes.
- The thesis proposed the mainly solutions to improve and enhance the
compatibility of labor contracts with Vietnam and Korea in order to create
favorable conditions for approaching, implementation and settlement on related
issues to the law on labor contracts of two systems. At the same time, outlined
the main solutions to improve the efficiency of implementing labor law of
Vietnam and Korea in the coming time.
- The thesis is the first scientific research document on a systematic
comparison of two labor contract regulations in the labor law between two
countries with economic and labor relations, and valuable for reference to labor

laws for policy makers, lawmakers, the employers recruiting workers, the
employees approaching the jobs, and helping the employers to grasp of more
information and legal knowledge about labor disputes settlement of the labor
contract is in accordance with the law.
5. Meaning of theory and reality of thesis
The research results of thesis contribute to enrich further the basic
theoretical system of labor contract as well as practical implementation of labor
contracts of Vietnam and Korea. The thesis is particularly necessary for the
employees as well as the employers in raising legal knowledge in order to
understand properly and grasp the regulations on making the labor contracts,
thereby properly implementing the labor contracts in enterprises so that they are
flexible and effective, avoid the case of misinterpretation and abuse of power to
use the labor contract as a tool to enjoy the benefit for the employers that affect
the benefits of the employees as well as the common benefits of society. The
thesis is a useful reference for agencies and organizations in the process of
implementing and amending and supplementing the labor laws; for the
establishments engaged in scientific research, teaching and learning on labor
legislation; For the employees and other objects of both countries, they want to
learn about labor laws in general and Labor Law of both Vietnam and Korea in
particular.
6. Structure of thesis
In addition to the introduction and overview, research situation, conclusions,
references list, the thesis has a structure of 04 chapters.
CHAPTER 1: OVERVIEW OF RESEARCHING SITUATION
1.1. Research situation in domestic and foreign countries
1.1.1. Research situation in Vietnam
For the labour contract, content of labour contact for the Employer and the
Employee has been updated in the Labour Law Textbook for teaching the
training sysstems in university level of lawful training bases and other
specialties. In addition, there are referrence documents book specialized in

referrence, compositional thesis such as Learning about Vietnam Labor Code"


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(2002) of Mr. Pham Cong Bay, “Labor Contract Law of Vietnam – reality and
development” (2003) of author DR. NguyEn HUu ChI, “Editing, signing the
Labour Contract and dispute settlement on the labour contract” (2005) off
Pham Cong Bay, “Scientific comments on Labour Code of the Socialist
Republic of Vietnam” of Ph.D Luu Binh Nhuong (Chief Editor), “Labour
Contract, collective labor agreement and labour dispute settlement according
to the regulation of Vietnamese Law” (2014) of MA. Phan Thi Thanh Huyen
(Chief Editor), Reference Book “Law on the labour management right of the
Employer in Vietnam” of Dr. Do Thi Dung,… to refer clearly from concept,
nature, origin, role, reality of contracting performance, changing, temporary
cancellation, terminating the contract. From then making the directions of
fulfilling the law of Labour Contract,…. , In addition, there are scientific topics
such as Vietnamese Law with Japanese Investors (2009) of Hanoi Law
University, due to Dr. Lưu Binh Nhuong as Chairman, "Researching in order to
contribute on modifying, supplementing the Labour Code in the current period"
(2010) of Hanoi Law University due to Dr. Tran Thị Thuy Lam as the
Chairman of Topic, "Applying the Labour Law in the personnel management in
Enterprises" (2011) of Hanoi Law University due to Dr. Do Ngan Binh as the
Chairman of Topic, "Rehiring the contract – A tendency to adjust of Vietnamese
Labour Law
in the marketing economic condition and international
integration" (2012) of Hanoi Law University due to Dr. Nguyen Xuan Thu as
the Chairman of Topic…. Thesises and compositions such as Doctoral Thesis
“Labour Contract in the market mechanism in Vietnam” (2002) of Researcher
Nguyen Huu Chi - Hanoi Law University , Master Composition “Some issues
on theory and reality on Labour Contract (2001) and Doctoral Thesis “Labour

Conract is invalid according to the present Vietnamese Labour Law” (2009) of
the author called Pham Thị Thuy Nga, Doctoral Thesis “ Law on terminating
the labour contract unilatrerally- problems on theory and reality” Nguyen Thi
Hoa Tam (2013) – Ho Chi Minh City Law University, Doctoral Thesis “Law on
the labour management right of the Employer in Vietnam” (2014) of the author
called Do Thu Dung – Hanoi Law University. For the magazine publishing
article, scientific seminar in referring quite variety and details related to the
Labour Contract. It can be told that “A few of features on the Labour Contract
in some countries in the world” of the author called Luu Binh Nhuong – Law
Magazine in May 1995, "Labour Contract according to Vietnamese Law" of the
author called Luu Binh Nhuong – Lawful Magazine No 1/1996, “Right
unilaterally to terminate the contract” of MA. Dao Thi Hang- Law Magazine
No 16 (2011), Article on "Labour Contract in modifying, suppementing some
articles of Labour Code" of the author called Luu Binh Nhuong, Law Magazine
No 5/2002, Article on “Some problems on the Labour Contract Policy
according to the regulation of Labour Code and Law on modifying,
supplementing some articles of Labour Code” of the author called Nguyen Huu
Chi – Magazine on the State and Law 4/2003, Article on“Problems neccesary
to modify the Labour Contract in the Labour Code” of Dr. Tran Thị Thuy Lam


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– Law Magazine No 9/2009, Article on "Reality of Labour Code Application
and tendency to complete the labour law" of MA. Luu Binh Nhuong, Magazine
on Lawful Research No 5 (142) T3/2009, Article on Debating more on the
renovated labour code draft, Dr. Luu Bình Nhuong – Magazine on legislative
research (National Assembly Office) No 11/2012, Article on “Labour Contract
Signature according to the Labour Code in 2012 from regulation to awareness
on implementing” of the author called ASSOC.PROF.DR. Nguyen Huu Chí –
law magazine No 3/2013, Article on “Performing, terminating the labour

contract according to the labour code in 2012 from regulation to awareness
and performance” of the author called Assoc.Prof.Dr. Nguyen Huu Chí and
MA. Bui Kim Ngan – Magazine Law No 8/2013, Article on “Labour Contractlabour management tool of the Employer” from the author called Do Thị Dung
– Law Magazine No 11/2014, Article on “Labour Contract Law from
regulation to reality” of author called Le Thị Hoai Thu – Lawful Research
Magazine No 23 (279) 12/2014, Article on “Some problems on labour contract
performance according to the regulation of Labour Code 2012” of the author
called Dinh Thị Chien- Legal Scientific Magazine No 2/2015, Article on
“Influence elements on the law enforcement về on Labour Contract in
Enterprises” of author called Le Thị Hoai Thu – Legislative Researching
Magazine No 08 (288) 4/2015, Article on Refunding the training expenses in
case that Employee unilaterally terminated the labor contract acccording to the
item 3 article 37 of Labour Code” – People’s Court Magazine in Term II
September 2015 No 18, Bài “Article on security- competitive restriction in the
labour contract” of Doan Thị Phuong Diep – Magazine on “Legislative
Research” No 24 (304) term 2- in December 2015; For the report, scientific
seminar as there is seminar on “Labour Contract Dispute Settlement" (9/2015)
as organized at CEO Coaching interpretted by the lawyer called Nguyen Bang
Tu- TA Legal Limited Lawful Company , Article on “Some proposals of
completing the regulations of Labour Contract in the Labour Code Draft” of
Nguyen Thị Bich, Semianr on “Contributing the ideas to modify, supplement
the Labour Code” of HCM City Law University as organized in May 2012
1.1.2. Research situation in South Korea
Textbook consists of “World of Labour Law in Korea” (2015) of Lee John,
Publisher HUNE,“Labour Law in Korea” (2011) of Kim hyung bae, Publisher
Parkyoungsa. Providing all of definitions, concept on explaining the content
related to the labour contract. Scientific topics including “For the labour
contract law of foreign countries mainly researching and discussing to apply
with the method to apply in his own country” (2006), Hiệp hội luật lao động
Hàn Quốc, “Nghiên cứu QHLĐ thời kỳ quá độ” (2008), Korean Institute of

Labour Law. Thesis, composition including the doctoral thesis “researching the
structural restriction of law in the labour condition” (1987) of Dr. Lee young
hee - Department of law in Seoul National University, Doctoral Thesis
“Researching on labour contract law” (1999) of Dr. Lee seung gil, Faculty of
Law, Seong kyun Kwan University, Doctoral Thesis “Law on the termed


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labour contract” (2004) of Dr. No sang hyeon, Tokyo University, Master
Thesis “Research on lawful problems in the labour contract signature” (2008)
of MA. Ryu jae yul, Faculty of Law, Korean University, Master Thesis
“ Researchin on legality and restriction in invaliity and cancellation of labour
contract”(2010) of MA. Kim tae woo, Faculty of Law, Korean University,
“Researching on the non-official recruitment, testing work, learning vocation
in the labour law” (2007) of MA. Kim hyun soo, Faculty of Law, Korean
University. Artcile published on the magazine: “Curriculum vitae of wrong
declaration and cancellation of Labour Contract”, book 30 No 4 (February
2014) page.89-117 of Ha kyung hyo, Law Magazine on property “Researching
on the labour term, labour law researching magazine” No 32 (in 2012) page 166 of Khang heone, Seoul University, “Changing the labour condition and
sacking of the Employer” No 14/12/2008 page 71-110 of No byung ho, Labour
Law Comparision Magazine – Korean Labour Law Comparing Association.
Report, scientific seminar: “Management Procedure for the non term labourer
and Labour Management Procedure Code for termed labour” (2007) of the
Ministry of Labour, “Importance and analysis of Labour Contrac” (2014) of
Shin, dong jin, Labor Law Book, Publisher called Joong Ang Economic,
“Salary, the Employee in the recruiting relation of the householder, labour time
together with the form of labour contract ” (2015), Korean Statistics Office,
“In the real situation of recruitment in official comparision and non official
comparision”(2015), Korean Statistics Office
1.1.3. Situation of researing in some other countries in the world

Reference book including: “Japanese labor law” (2015), Skeno Khazo
Translated by Lee John, Nxb Bobmunsa, “Understanding Labor and
Employment Law in China” (2009) Chapter XVI page 332 of Ronald Brown
New York: Cambridge University Press, “Labour Law in China”(2010) của
Chen, Publisher called Kluwer Law Int'l, Labour Law of China, "Employment
law for business" (2005), Dawn D. Bennett-Alexander, Laura B. Pincus,
McGraw-Hill Companies, "Employment Law" (2010), Hugh Collins, Oxford
University Press, “EU Labor Law” (2012), A.C.L. Davies, Nxb Edward Elgar
Publishing Inc, “Perspectives on Labour law” (2003), của A.C.L. Davies, Nxb
Cambridge University. Luận án: “40 Years On” Industrial law Journal (Oxford
Journals) Volume 36, Issue 4, P397-424 (British) Lord Wedderburn, Labour
Law 2008.
1.2. Researched problems in relation to the thesis topic and some
comments and evaluation
Although scientific works as mentioned are not concided with the thesis
topic, but in different levels, containing the problems related to the content of
thesis topic. In foreign countries, especially in South Korea as well as in
Vietnam has quite a lot of detailed research work pursuant to the regulation of
law and reality, also there is a lot of work related to the contract problems but
no work mentioned in systematical comparision between two countries
Vietnam and South Korea in each theorical problem and content reality of


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labour contract. However, thanks to the reseaching works as mentioned above
the author can withdraw, arrange, evaluate overally the aspects of labor contract
in both nations. From then providing the researching orientation for topic
1.3. Basic problems necessary to resolve in the thesis
Thesis is necessary to resolve with three of basic theory problems as follows
Firstly, analyzing the theoretical problems in labor contracts of all countries

in the world including Vietnam and Korea. Based on the differences in theory
of labor contract law as well as the situation of entering society, the
development process, characteristics and contents of labor contracts, it is
possible to provide the most common criteria for labor contracts. From those
standards, it is possible to compare the labor contracts between two countries
in the most standard way. The identification of labor relations deepens in theory.
The previous works showed only very general labor contract characteristics, it
can be seen that it is not necessary to have a new contract to recognize the labor
relations. If there is an employment relationship, it will be classified as labor,
not the form of a contract, then put into labor relations. It caused a lot of
enterprises to avoid insurance, so they signed a civil contract but are essentially
a labor contract, so they have to bring about labor relations. Currently, there has
not been any analytical study that points out the theoretical features of the labor
contract so that in this thesis, it is possible to fully analyze this problem.
Secondly, it is possible to analyze and compare the differences in concepts,
subjects, principles of commitment, form, content, type of order, validity of
labor contracts, performance of labor contracts, termination of labor contracts
between Vietnam and South Korea. In South Korea, the employees and the
employers not only apply the labor force, but also apply the Labour Union Law,
Law on working time limit, case law, etc. On the contrary, in Vietnam, labor
problems apply only the Labor Code and Labor Union Law. Since then, we can
see that system of applying laws for labor contracts in two countries is quite
different. Therefore, based on the practical application of labor contract and
labor contract, it is possible to analyze, look carefully and in detail about the
content of regulations of both countries, thereby seeing good points, bad points
contributing to improve the labor law system of both countries.
.
Thirdly, from the comparison of law in two countries as said above, it can
be seen in Korea that there are a lot of problems of dispute that do not have any
rules in the law but must be base on the case law, so there is no any consistent

standards, the same as in Vietnam, there are more specific regulations than
Korea, even if there is a dispute and no applicable rules, it is difficult to resolve
the dispute. Since then, it is necessary to approach with solutions to solve the
inadequate situation in labor contracts of both countries today. In addition, it
can be based on the advantages of labor contract conditions in the countries
around the world to refer to, applying for Vietnam and Korea, contributing to
improve the quality of law.


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Conclusion
Researhing on the labor law problems has been mentioned in different areas
and aspects, but there has not been any intensive and comprehensive research
work on theoretical and practical comparisons according to lawful regulations
of both countries is Vietnam and Korea.
Researhing on the problem of "Comparing the law on labor contracts in
Vietnam and Korea" is a necessary scientific task based on selective inheritance
of research results.
CHAPTER 2: SOME THEORICAL PROBLEMS ON
THE LABOUR CONTRACT AND LAW ON LABOUR CONTRACT
2.1. Some theorical problems on labour contract
2.1.1. Concept of Labour Contract
In order to understand exactly about the definition of labor contract, we will
research on the history of labor contract formation of countries in the world.
History of labor contract formation started from ancient Rome times. According
to the Rome's Law, the premise of establishing a labor contract is based on an
agreement between two parties. Currently, along with the development of labor
law science and new awareness of labor goods, most countries have changes in
the perception of labor contracts. Therefore, in addition to civil law which is

considered a legal basis to create the general principles for contractual relations,
in the adjustment of Labor Relations, there are separate laws such as Labor
Code, Law on Labor Standards, Law on protecting the female laborers, minor
laborers, ... or be adjusted through case law.
Thus, it can be seen that nature of labor contract is a negotiation between
two subjects, one side is the employee who has a demand for employment, and
on the other hand the employer needs to hire employees to purchase the labor
effots. In particular, the employees have committed to voluntarily do an
employment for the employers and put themselves under the management of
the employers to have an income called salary
2.1.2. Features
The labor contract also has the features of a contract in general, it is a
freedom, voluntariness and equality of the subjects in the relationship. However
as a legal form of the process in exchanging and purchasing the special goods labor goods, labor contracts have specific features that help us distinguish the
labor contracts from other contracts in the market. In general, the features of
labor contracts can be seen in the following characteristics: Subjects
participating in labor contract signature are anonymous - performed as a
special individual with the employees, labor contracts with an object that is
paid, there is a legal dependency between parties in labor contracts, labor
contracts must be carried out continuously over time, labor contracts shall be
performed within a certain period or indefinitely..


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2.1.3. Role of Labour Contract
Labor contract is a legal form of labor relations, labor contract defined
recognized the rights and obligations of the parties in labor relations, labor
contract is a legal basis on resolving the arisen problems of labor relations
2.2. Some of theorical problems on Labour Contract Law
2.2.1. Concept of Labour Contract Law

Law on labor contracts is understood as a combination of lawful procedures
on contracting, performing and terminating labor contracts that employees and
employers must observe in the labour contract relations
2.2.2. Content of law adjustment on the labour contract
2.2.2.1. Commitment on Labour Contract
 Subject of Labour Contract
The subject of labor contract is the parties of labor contract. Engaging in
labor relations with labor force and the employers. Therefore, the subject of
Labor Contract includes the employees and the employers.
 Principle of Labour Contract Commitment
The principle of committing a labor contract is one of important contents
recognized by the laws of countries because it is a penetrated guidance thought
from the stage of committing and implementing to terminate the labor contract.
 Sequence of Commitment
Sequence of commitment is a leading stage of making a labour contract
 Forms of Labour Contract Commitment
Form of labor contract can be presented clearly through speech, documents
or through the practical labor. Not only in Vietnam, the countries in the world
such as Korea, Japan, France, England, Germany, ... the form of committing the
labor contracts also follows the principle of freedom: committing in oral or
written
 Types of Labour Contract Commitment
Each country has different economic, social and cultural conditions, so the
type of labor contract is very different. However, most of countries in the world
divided the labor contracts into two main types: termed labor contracts and
non-term labor contracts.
 Content of Labour Contract Commitment
The contents of labor contracts include the rights and obligations of
employers and employees together with the content of labor conditions.
 Invalid Labour Contract

In cases that the parties failed to comply with the regulations of law on
labor contract commitment such as subjects, contents of labor contracts ..., it
may cause to the invalidity of labor contracts. Depending on the socioeconomic conditions, countries have different regulations on invalid labor
contracts, but generally invalid labor contracts are often divided into two
categories: partially invalid labor contracts and wholly invalid labor contracts.
2.2.2.2 Performance of Labour Contract
 Mobilizing the labourer


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Mobilizing the laborer is often a change of job type and working position ò
the Employee
 Amending, supplementing to the labour contract
Amending and supplementing the labor contracts is an amendment on the
terms of labor contract. The amendment and supplementation of labor contracts
often leads to changes in the rights and obligations of parties in labor relations
 Suspending the performance of labour contract
Suspending the labor contracts is the case where the parties temporarily stop
performing their rights and obligations for a certain period of time but still
existed.
2.2.2.3. Terminating the labour contract
 Basis on terminating the labour contract
• Due to an agreement (will of 2 parties)g
From the ILO's point of view, both parties are able to agree on terminating
the labor contract or according to the laws of local country (Article 9 Convention No. 114)
In most of countries in the world such as Japan, England, France,
Germany, ... the case is terminated due to both parties, the most typical will is
when the Labor Contract term ends or an agreement on ceasing work
• Due to will of the third party or legal events
For the termniation of labor contracts in this case, according to ILO

regulations, depending on the regulations in the laws of local country, in Japan
and Germany as well as in many countries, it is regulated in the law on
terminating the labor contracts due to the third person’s will or legal events
arisen, for example, for subjects who lose the civil acts (dead, missing, people
are convicted, ...). According to the case law in France and the UK, this is also
considered as a third party that regulates on terminating the labor contract.
• Due to one party’s will
In general, pursuant the law of countries divided the cases of terminating
the labour contract due to one party’s will including: the case of terminating the
labour contract due to the will of the Employee andthe case of terminating the
labour contract due to the will of the Employer . Reason for the Employee
terminated the labour contract with the Employer often are the cases that
Employer is not sure about employment condition according to the Labour
Cotnract , having not paid salary pursuant to the regulation, the Employee is
abused or forced to labor...Reason for the Employer terminated the labour
contract on the Employee usually including: the cases due to the fault of
Employee or because of objective reasons that Employer is unable to overcome
or due to the existence of enterprise in market economy (economic reason). . ,
the Employee to the age of retirement, discipline sack, in addition that sacked
because of economic reason
 Procedures on terminating the labour contract


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As terminating the Labor Contract in addition to the reason for terminating,
all parties must comply with certain procedures such as advance notice or
notify the competent authorities
• Due to negotiation(will of 2 parties)
Each country has different procedures in terminating the labor contract by
means of negotiations. Normally, these regulations will refer to the valid times

as well as the sequence of notifying the parties before terminating the labor
contract, ...
• Due to will of the third party and legal events arisen
For the procedure for terminating the labor contract in case the employee is
dead or missing, the labor contract will automatically be terminated and the
employer is not an individual but the successor will continue to operate the
economic organization and the labor contract will not be terminated. At this
point, all countries in the world are the same, the only difference is that
depending on each country, this regulation is projected into different codes or
legal cases.
.
Procedures for terminating the labor contracts due to the will of one party,
depending on each specific case, depend on each country but have different
procedures. For the employer side, the notitication time before terminating the
labor contract is clearly defined. In summary, it can be seen the employer wants
to terminate the labor contract with the employees in each country according to
the principle of "properly reason" (reasonable). In case there is no legitimate
reason to terminate the labor contract, the problem of complying with the
sequence of terminating the labor contract will not be considered. If the
termination of labor contract has no legitimate reason, the termination is, of
course, considered null and void, then whether or not the termination notice is
not a considered problem. However, if the case ends with a reasonable reason
but does not inform the procedure, such termination is considered invalid or
effective, which is a necessary to raise
 Benefit settlement as terminating the labour contract
As terminating the labour contract that benefit settlement for the Employee
is the most important problem on terminating the labor relations. However,
benefit settlement as terminating the labor contract depending on the subject of
terminating and terminating is legal or illegal

13
Conclusion of Chapter 2
Chapter 2 thesis system of theoretical problems on the labor contracts,
providing the concepts and contents of labor contract law of countries around
the world,since then providing the most common arguments for labor contracts.
Research results of chapter 2 will be a premise to research and evaluate the
labor contract conditions of Vietnam and South Korea. Since then, the
comparison of laws in two countries has been made.
CHAPTER 3: LAWFUL REALITY ON THE LABOR CONTRACT
FROM THE COMPARATIVE POINTVIEW BETWEEN VIETNAM
AND SOUTH KOREA
3.1. Labour contract Commitment
3.1.1. Subject of Labour contract Commitment
3.1.1.1. Subject of Labour Contract Commitment pursuant to Vietnamese Law
Recommending on the employees, the employers pursuant to Vietnamese
law regulation according to different ages and industries and have different
restrictions. At the same time, there are additional examples of case law related
to the subject of labor contract in Vietnam
3.1.1.2. Subject of Labour Contract Commitment pursuant to Korean Law
The same as the regulation of Vietnamese Law, it also regulated the content
relevant to the employees, the employers such as concepts, age and industry.
Case law in relation to the labor contract subject in South Korea
3.1.1.3. Similiarity and Difference on subjet in the labour contract
commitment between Vietnam and South Korea
From the regulations as above providing the similiar and different things in
the Labour Contract Subject of both countries
3.1.2. For the principle of Labour contract commitment
3.1.2.1. Principle of labour contract commitment pursuant to Vietnamese law
regulation

HĐLĐ được giao kết trên cơ sở các nguyên tắc sau đây: a. Tự nguyện; b.
Bình đẳng; c. Thiện chí, hợp tác và trung thực; d. Không trái pháp luật,
TƯLĐTT và đạo đức xã hội
The labor contract is committed on the basis of the following principles: a.
Voluntary; b. Equality; c. Goodwill, cooperation and honesty; d. Not contrary
to law, Collective Labour Agreement and social ethics
3.1.2.2. Principle of labour contract commitment of South Korea
Gồm có 3 nguyên tắc: a. Nguyên tắc tuân thủ pháp luật, b. nguyên tắc bình
đẳng, c. nguyên tắc dựa trên quy định của NQLĐ và TƯLĐTT.
Including 3 principles: a. Principles of observing the law, b. principle of
equality, c. principles based on the regulations of Labour Rule and Collective
Labour Agreement
3.1.2.3. Similiarity and Difference on principle as signing the labour contract
in the law of Vietnam and South Korea
Accordingly, the principle of labor contract signature in Vietnam and Korea
must comply with the principle of freedom, equality, voluntariness as signing


14
the labor contracts, not contrary to law, social ethics and Collective Labour
Agreement. It can be seen that in principle, the principles of signing labor
contracts between Vietnam and Korea are the same only in the form of called
name.
3.1.3. Form of Labour Contract
3.1.3.1. Form of Labour Contract in Vietnam
Hình thức của HĐLĐ được hiểu là cách thức chuyển tải các nội dung của
HĐLĐ mà NSDLĐ và NLĐ thỏa thuận lựa chọn trên cơ sở quy định của pháp
luật. Điều 16 BLLĐ quy định hai loại hình thức của HĐLĐ là HĐLĐ bằng văn
bản và HĐLĐ bằng lời nói.
Form of labor contract is understood as a way of transferring the contents of

labor contract as agreed by the employers and the employees based on the
regulations of law. Article 16 Labor Code stipulates two types of labor contract
including Labor contract in text and Labor contract in oral
3.1.3.2. Form of Labour Contract in South Korea
Also including two forms of Labour Contract in text and Labour Contract in
oral
3.1.3.3. Similiarity and Difference in the form of labour contract pursuant to
the law of Vietnam and South Korea
Ở Việt Nam pháp luật quy định cụ thể các HĐLĐ phải được giao kết bằng
văn bản, được làm thành 2 bản, NSDLĐ giữ 1 bản, NLĐ giữ 1 bản (Điều 16
BLLĐ Việt Nam). Ở Hàn Quốc tuân theo nguyên tắc tự do ký kết hợp đồng nên
mọi loại HĐLĐ đều có thể ký kết bằng hình thức lời nói hoặc bằng văn bản trừ
trường hợp đặc biệt. Điều đó có nghĩa ở Việt Nam tùy theo loại HĐLĐ mà có
thể ký kết HĐLĐ bằng lời nói hoặc văn bản còn ở Hàn Quốc thì mọi HĐLĐ
đều có thể ký kết bằng lời nói hoặc văn bản\
In Vietnam, the law is regulated specifically that labor contracts must be
committed in text, made into 2 sets, the employer will hold 1 set and the
employee will hold 1 set (Article 16 of Vietnamese Labor Code). In South
Korea, following the principle of freedom of signing the contract, all types of
labor contracts can be signed in oral or text form, except in the special cases.
That means that in Vietnam depending on the type of labor contract that can
signed a labor contract in oral or in text, in South Korea, all labor contracts can
be signed in oral or in text
3.1.4. Content of Labour Contract
3.1.4.1. Content of Labour Contract according to the law of Vietnam
The content of labor contract includes the required contents: Name and
address of the employer, ID card number or legal document of the employee,
Work and place of work, Term of labor contract, salary, form of salary payment,
term of salary payment, salary allowances and other additions, rank promotion,
upgrade, raising the salary, time of working, time of relaxing, social insurance,

unemployment insurance, health insurance, training , fostering and improving
the job skill levels for the employees in the process of contract performance and
labor contract appendices.


15
3.1.4.2. Content of Labour Contract pursuant to Korean Law
If it is not necessary to sign the labour contract especially any type of labor
contract can be signed in oral. At the same time whether it is in oral or in text, it
can only be freely included in the signed content, however certain working
conditions must be shown in text, subject to Article 17 of Labor Code
Including the contents in: ① salary ② time of working ③ time of relaxing
weekly ;④ time of relaxing annually ⑤ place of work and articles related to
the task must be done ⑥ articles in Labour Regulation ⑦ articles related to
the Employee in hostel necessary to regulate clearly and explicitly
3.1.4.3. Similar and different points in the content of Labour contract in
Vietnam and South Korea
The content of labor contracts of two countries such as contract term, salary,
working time, relaxing time ... about the same working conditions are all
important conditions and are clearly shown in text
3.1.5. Type of Labour Contract
3.1.5.1. Type of Labour Contract pursuant to Vietnamese Law
Labour contracts are divided into categories: (1) Indefinite term labor
contract; (2) Definite term labor contract (within a period of 12 to 36 months);
(3) Seasonal labor contract or a certain job with a term of less than 12 months.
3.1.5.2. Type of Labour Contract pursuant to Korean Law
Type of labor contract in the "Law on working time limit" is divided into 2
categories: (1) The labor contract has a definite term of no more than 2 years
(2) indefinite term labor contract. In case of a labor contract with a term of less
than 2 years, the employer may use the employee within 2 years. If the

employer still wants to continue using the employee for more than 2 years, he /
she must sign an indefinite labor contract with the employee.
3.1.5.3. Similiary and Difference in contract type of Vietnam and South
Korea
In Vietnam and South Korea, indefinite term labor contract is the same,
while for a definite term labor contract, in Vietnam including 12 ~ 36 months
while in Korea is less - only 24 months. In addition, in Vietnam, after the term
of the labor contract is expired, one more time of labor contract can be signed;
In South Korea, it is not allowed to sign as such, but must transfer to an
indefinite term labor contract if they want to continue hiring such workers.
3.1.6. Sequence of Labour Contract Commitment
3.1.6.1. Sequence of Labour Contract Commitment in Vietnam
Including: Proposal to commit the labor contracts, negotiating on contents,
completing and signing the labor contracts, acts of the employers are not
allowed to do when committing and performing the labor contracts in Vietnam
3.1.6.2. Sequence of Labour Contract Commitment in South Korea
Including: Proposal to commit the labor contracts, negotiating on contents,
completing and signing the labor contracts, acts of the employers are not
allowed to do when committing and performing the labor contracts in South
Korea


16
3.1.6.3. Similiarity and difference in the sequence and procedure of labour
contract commitment of Vietnam and South Korea
For the order and procedures for committing the Labor Contract in two
countries, there are steps to propose, negotiate and then complete and commit
the labor contract. Especially in the valid time of signature in both countries, as
well as the process of recruitment, negotiation ... there are a lot of similarities.
However, there are also differences in probation and obligations before signing

the labour contract
3.1.7. Invalid Labour Contract
3.1.7.1. Invalid Labour Contract pursuant to Vietnamese Law
Invalid contracts are divided into two categories: partially invalid labor
contracts, wholly invalid labor contracts. Problem on handling the invalid
contracts and case law example in Vietnam
3.1.7.2. Invalid Labour Contract pursuant to Korean Law
Invalid contracts are divided into two categories: partially invalid labor
contracts, wholly invalid labor contracts. Handling the breach of invalid
contracts in South Korea
3.1.7.3. Similiarity and Difference on Invalid Labour Contract of Vietnam
and South Korea
There is a diffrence in the regulation between two countries on invalid
labour contract as well as the problem of handling the invalid labour contract
3.2. Performance of Labour Contract
3.2.1. Transferring the task
3.2.1.1. Conducting the task in Vietnam
Based on transference of the Employee to do other task, Term of conducting
the Employee to do other task, Benefit settlement for the Employee are
regulated in Vietnamese Law
3.2.1.2. Conducting the task in South Korea
Conducting the Employee to do other task is also admitted by law.
Accordingly, "for the employees who change their workplaces or change their
jobs, it may be beneficial but may also be detrimental to the employees and the
rights to change the category and content of the employer 's workplace.
recognized when considering the necessity of task ”.
3.2.1.3. Similiarity and Difference in conducting the tasks in Vietnam and
South Korea
In Vietnam, this transference is only temporary as well as if it did not
depend on the conditions as stipulated in the Labor Code, it will not be allowed

to carry out eventhough in a short time. Accordingly, although there are
similarities in the transfer of the employees to do other tasks in two countries,
the regulations in Vietnam are slightly different in addition, and also quite strict
and specific regulations ( For the sequence, time limit, salary ...) on the contrary,
in South Korea, there is no specific regulation, the rights of the Employers are
extended.


17
3.2.2. Amending, supplementing to the labour contract
3.2.2.1. Amending, supplementing to the labour contract pursuant to
Vietnamese Law
Procedure and the method of implementation, legal consequence in Vietnam
3.2.2.2. Amending, supplementing to the labour contract pursuant to Korean
Law
Lawful regulation on amending the labour contract, Main content of
Labour Contract in Vietnam
3.2.2.3. Similiarity and difference in amending, supplementing to the Labour
Contact in Vietnam and South Korea
3.2.3. Suspending the Labour Contract
3.2.3.1. Suspending the Labour Contract in Vietnam
Cases of suspending the labour contract performance, Legal consequence
of suspending the labour contract performance in Vietnam
3.2.3.2. Suspending the Labour Contract in South Korea
Korean labor law has no specific regulations on suspending the labor
contracts. Except for the case that the employees and the employers have
agreed or in labor contracts, labor rulles and Collective Labour Agreement,
there is a regulation on temporary suspension of labor contracts. As long as the
content of such regulations does not breach the relevant clauses of the Law.
3.2.3.3. Similiarity and difference in suspending the labour contract in

Vietnam and South Korea
In Vietnamese labor law, there is a regulation for suspending the
implementation of labor contracts (Article 32 Vietnam Labor Code), and taking
back the employees as the expiry of labor contract suspending term (Article 33
of Vietnam Labor Code). However, there are no regulations in Korea regarding
this problem
3.3. Terminating the labour contract
3.3.1. Basis and procedure of terminating the labour contract
3.3.1.1 Terminating the labour contract pursuant to Vietnamese Law
Terminating the Labor Contract in Vietnam is divided into categories:
Terminating the Labor Contract due to the will of both parties, the will of the
third party or due to legal events, terminating the Labor Contract due to one
party’s will, Rights and obligations of the parties when terminating the labor
contract.
3.3.1.2. Terminating the labour contract pursuant to Korean Law
The reason for terminating the labor contract is based on the "expression of
the will of person concerned" in the labor contract, it is possible to divide the
types of labor contract termination as follows. Based on the reason of the will
of person concerned, "terminating the labor contract is resignation, dismissal,
the agreement to cancel the labor contract with the reason" automatic
termination "is not related to the will of the employee or employer but
terminating the labor contracts as the expiry of the labor term, to the retirement
age, the subjects in labor contract disappear (the employee is dead or the


18
bankrupt company or the employer is dead). As for dismissal, in South Korea is
defined slightly differently from dismissal in Vietnam, specifically as follows:
regardless of the sequence or name as long as when all relations in the Labor
Contract termination, the will of the employee is contrary to the idea. Common

sense of the Employers is called dismissal.
3.3.1.3. Similiarity and difference in terminating the labour contract in
Vietnam and South Korea
The laws of both countries allow the Employees and the Employers to
unilaterally terminate the labor contract, but in general ensuring that two of
basic elements are the basis (reasons) for terminating and terminating
procedures. For the reasons for terminating the contract, both countries have
recognized on the cases of terminating the labor contracts due to the
Employees' faults such as the Employee does not complete the work, the
employee is at fault.... and the cases of terminating the labor contracts because
of economic reasons. For the termination procedures, in general, both countries
have required the party before unilaterally terminating the labor contract to
perform the obligation to foretell.
It can be seen that evidences for terminating the labor contracts in Vietnam
are specified quite specifically (quantitatively) while the grounds for
terminating the Korean labor contracts are only qualitative. Therefore, in South
Korea, the case law is used quite a lot.
3.3.2. Responsibility and right of parties as terminating the labour contract
3.3.2.1. Responsibility and right of the parties as terminating the labour
contract in Vietnam
At least 15 days before the date as Labour Contract is defined on
expiration, the Employer must notify the Employee in text about the time of
terminating the labor contract.
Within 7 working days from the date of terminating the labor contract,
both parties shall pay all the amounts related to the benefits of each party; In
special cases, it may take longer but not more than 30 days. The Employer is
responsible for completing the procedures to confirm and return the social
insurance book and other documents the Employer has retained of the
Employee. The Employer is responsible for paying the job termination
allowance and job losing allowance pursuant to the lawful regulation

3.3.2.2. Responsibility and right of the parties as terminating the labour
contract in South Korea


19
In the case of terminating the Labor Relations, it is certainly that Labor
Relationship itself will terminate. However, there are still rights and obligations
after the Labour Relation is terminated. For example, the right to claim wages
or the right to claim damages after terminating the Labor Law is still valid for a
certain period of time. After terminating the labor contract, the Employee is still
obliged to return the materials and materials of the company that were
previously preserved. In addition, according to the principle after terminating
the Labor Law, it is still obligated to keep secrets related to the company, not
allowed to disclose it.
3.3.2.3. Similiarity and difference in interest responsibility as terminating the
labour in Vietnam and South Korea
Both countries have regulated the payment time for accompanied rights and
obligations when terminating the labor contract. However, there are differences
in notifying obligations before termination.
3.3. Comments, general evaluation on similar and different things in the
law of Vietnam and South Korea on labour contract and interpretting base
From the above comparative analysis, it can be seen that there are a lot of
similarities between Vietnam and South Korea, but there are also fundamental
differences in addition
It can be seen that Vietnamese labor law and Korean labor law have a lot of
similarities from signature and performance to termination of labor contracts.
Basically, the laws of both countries have admitted that labor contracts are
established on the basis of negotiation between the parties. This is considered
as a basic element of labor contract and is a penetrating factor in all labor
contract relationship from signature and performnce to termination of labor

contract. The parties are entitled to negotiate with each other on labor contract
problems
Similiarity and difference in the law of Vietnam and South Korea can be
explained from some of following bases:
- Firstly: In the tendency of integration, all countries tend to be compatible.
In particular, the current tendency is all towards the implementation of basic
international labor standards, as all countries tend to participate and ratify the
trade agreements. Where the conditions for obtaining such approvals, the laws
of countries must self adjust in accordance with international practice.
Therefore, national laws tend to have many similarities, including Vietnam and
South Korea.
- Secondly, although there are a lot of similarities, it is not possible to blame
the differences in the laws of two countries. The reason for such differences is
due to differences in the lawful system of two countries. In the Vietnamese
lawful system, it is a system of text norms (Civil Law). Paying attention to fill
the legal gaps with legal issues issued by the legislature. Lawful enforcement
and judicial authorities are obliged to comply with predetermined legal rules, so
they are rather restricted and are not close to the current reality.


20
Thirdly, because the socio-economic conditions in Vietnam and South
Korea are different. This is one of the factors that makes difference between
labor laws of Vietnam and South Korea. Vietnam has developed a socialistoriented market economy while South Korea has developed a free market
economy so Korean labor relations have developed more. In addition, because
the growth rate of Korean economy is quite fast as a resulat that emergence of
many large and multinational companies, the requirement to build up a strict
legal system is essential from such labor law. also updated quickly so that it is
conformable with the market economy situation, making clear differences
between two countries in the lawful system in general and labor contracts in

particular
Conclusion of Chapter 3
By means of researching the reality of labor law in Vietnam and Korea in a
comparative perspective, the thesis draws the following conclusions:
1. Both of Vietnam and South Korea have the lawful content of labour
contract, presently including 3 basic contents such as: Commitment,
performance, terminating the labour contract
2. In each of lawful contents, both countries have different similarities, the
author stands at a comparative perspective to look at the analysis of each
condition of the current Labor Law in both countries since then. It is possible to
learn, inherit and promote the rules and experience of law as promulgated
3. Among the differences in regulation between two countries, it is possible to
find out the inevitable advantages and inadequate existence of both countries.
These inadequate and inefficiencies are expressed in the regulation of labor
contract subject, at the time of labor contract, in the issue of suspending the
labor contract, conducting the employees to work in other positions to work and
terminating the labor contracts for economic reasons. . In addition, there is too
much intervention of legal regulations, making the agreement of labor contracts
between the employees and the employers affected.
This situation raises the problem that is necessary to complete the law on
labour contract of both countries of Vietnam and Korea to ensure the stable
construction of labor relations between the employees and the employers in
accordance with the development requirements of Market economy in the
current context.


21
CHAPTER 4: SOME SOLUTIONS TO COMPLETE THE LAW AND
ENHANCE THE EFFECTIVENESS OF LAW ENFORCEMENT ON
LABOUR CONTRACT IN VIETNAM AND SOUTH KOREA

4.1. Requesting to comple the law of Labour Contract in Vietnam and
South Korea
It is sure for the appropriateness in adjusting the law with the level of
economic, social and production and business development as well as the
development of Labor Relations
It is sure for the compliance with changes in recruited labour conditions
It is sure for the compliance with changes in viewpoints and perceptions of
labor relations
Further expanding the freedom of contract agreement between the parties
Consistent with the tendency of international integration
4.2. Some petitions on completing the law of Labour Contract in Viet Nam
and South Korea
4.2.1. For the applied object of Labour Law
Form of occupation is increasingly diversified with the complexity of
Korea's industrial types, making people appear between two types of the
Employees and business people are increasing. For example, people working at
home, working people, tutors working at centers ... are called "Forms of special
employee" and are increasing day by day. The problem is that although there
are a lot of features similar to the employees, those people are not admitted as
the employees nor accepting the protection of Labor Law. Moreover, the
evaluation of those people whether they are employees or not is not clearly
defined in the law but mainly based on the acknowledgment of case law, so
there is a lot of controversy, due to standards. The case law is not fixed nor does
the Court arbitrarily analyze and evaluate the situation to make a judgment, so
it is somewhat rather subjective.
Proposals: In order to grasp the whole of all employees, "Form of special
employees", it is best to fully introduce the elements in the scope of the concept
of “the Employee" to determine the problem. The object of labor supply in
accordance with labor contracts is to get salary firstly, when the economic
dependence of the employee for the employer is high but not interested in the

form of the contract, it is recognized as an employee and accepted and
protected by Labor Code. Or put all the rights and benefits of the "Employee
with special morphology" into the conditions of law or adding the specific
regulations applicable to the Employees with this form is a good way to bring
efficiency, law enforcement. Therefore, Vietnamese labor code needs to affirm
the existence of employment relations of labor contracts to ensure the best
protection for the Employees in the best way
Proposal for South Korea: In South Korea, Safety Law and Social
Insurance Law are recognized, the person must be recognized by the Labor
Union as the previous employee, should add the concept and scope of


22
employees into the Labor Confederation, so the person can receive incentives
from the Social Insurance Law and Labor Safety Law
4.2.2. For the term of Labour Contract
Proposals for Korea: Currently, increasing the time of labor contracts with a
term of 4 ~ 5 years is also an option. But to prevent some people from abusing
that time limit, this provision should only be applied to the Employees at the
age of 35 and over. From the age of 35 years and older, for a definite term labor
contract, it is allowed to extend twice for 2 years at a time. Total of working
time for the Employee will be 6 years for a definite term labor contract.
Because it is very difficult for the Employees over 35 to conclude an indefinite
labor contract right from the beginning so the extension of time can also help
the Employees feel more unsafe. Accordingly, if not converted to an indefinite
labor contract, at least every two years can extend the working time to 6 years
and avoid causing insecurity to the Employees. In case the term of labor
contract ends but the Employer does not conduct the Employee to an indefinite
term labor contract, it is necessary to include additional conditions on payment
for allowance (compensation). In addition, when switching from a definite term

labor contract to an indefinite term labor contract, it is necessary to regulate
more conditions if refusing to transfer the labor contracts must give reason for
properly rejection. And in order to avoid discrimination between the Employees
working in accordance with a definite term labor contract and the Employees
working under labor contracts that do not determine the terms of working
conditions, they should be included in the regulations of law on relevant.
+ Proposals for Vietnam: To avoid abusing the definite term labor contracts,
total of time the employees have worked at that company must be calculated,
not according to the term of the labor contract. For example, a lot of employers
take advantage of law gap but using the employees to sign labor contracts for
more than 12 months but only signing a labor contract for less than 12 months,
and every 12 months before that, there will be the Employees who take a break
then signing again a labor contract for less than 12 months In order to avoid
signing a labor contract with an indefinite term for the Employees, it is
necessary to calculate the total of time that an employee works at a company,
thereby determining whether the employee has converted to an indefinite term
labor contract. Similarly the employees working from 12 to 36 months will be
counted as 72 months. After adding 1 turn of extension, the total is 6 years, the
Employee can be transferred to an indefinite term labor contract. Pursuant to
the Article 22 stipulating the current Labor Code, there is no condition on
penalties for the employers on this problem. For the Employees who work more
than 72 months but cannot convert to an indefinite labor contract, there must be
sanctions. Means of sanction is to ensure the benefits for the employee. As in
South Korea, the current situation of abuse of labor contracts is becoming more
serious, so in Vietnam, the more developed the economy is, the same problems
that are likely to appear are inevitable.


23
4.2.3. Suspending the labour contract

Proposal for Korea: The temporary suspension at present of labor contract is
hardly regulated by Korean law (except for maternity leave). Therefore, I think
we should consult the suspension of Vietnam's labor contract
4.2.4. Conducting the Employee to work in other position
Proposals for South Korea: Conducting the Employees should be based on
the theoretical theories and case law from which to adjust appropriately to be
included in the regulations of law and concretizing the management standards.
management of the employers on labor transfer to avoid abuse of authority
Proposals for Vietnam: besides the regulations on conducting the
Employees to do other tasks which are not agreed in the contract, the law
should consider admitting more cases of moving the place of work as
conducted the task, it will often have a change of working location
4.2.5. For the case of “terminating the labour contract” due to the economic
reason or changes of enterprise
Both Vietnam and South Korea should promulgate the additional
regulations on providing the information related to the transfer of labor rights
from this Employer to another Employer when the enterprise changes for the
Employees. The employer should provide information about the volatility of
Enterprise, the plan and the time, the cause as well as the purpose including the
content of related clause
It is necessary to supplement more the recommendations on legal
consequences of terminating the unlawful labor contracts for the Employees: in
particular, in Vietnam according to the current law, the Employees terminated
the labor contract contrary to the procedures, t more serious legal consequences
on terminating as unreasonable basis
4.3. Building up the Labour Contract Law in Vietnam and South Korea
By mean of comparing the current labor law system in South Korea and
Vietnam, we can draw the most common features in two systems, such as those
employees who are subject to certain dependencies with the the employers as
clearly defined in labor laws of both countries; All content as building the law

follows the pattern of the Employees working in factories, fixed working places
(Enterprises); Both of systems apply the sanctions if breaching the provisions
of law, all agencies supervise the implementation of labor laws, and the basic
content of standards in labor contracts are stipulated by the state. This has a
good point that employees can be protected by the state if their rights are
breached. However, there is a restriction that makes the Labor Relations
declined even though it is an agreement between both parties, but in general it
is very much influenced by the third party that is the state.
Therefore, seperating the labor contract into a separated law will make the
Employees and the Employers to negotiate easier, without being restrained with
the strict regulations of bidirectional labor law of public and private, so the Law


24
will bring the true nature of the relationship in contract rather than compulsory
regulations. In addition, the content of Labor Law can supplement the
provisions on the subjects currently in the scope of controversy, whether or not
the objects of the Labor Law (For example, the Employees who are Grap riders,
or those who are freelance laborers, who are currently not entitled to the
protection of Labor Law. Although they have signed a contract with the
company, they are not recognized as an employee. As the economy grows, new
types of labor become more and more diverse, but all those employees are not
admitted as the employees, not entitled to privileges and privileges of the labor
law. It is required to develop a separate law on labor contracts that can meet the
complex forms of labor today.
• Proposal for the method of building up the independent labour
contract law in both countries including Vietnam, South Korea
Labor Contract Law is based on clearly definition on the principle of
fairness and equality between the Employers and the Employees, so it is a little
different in nature from Korean Labor Union and the current Labor Code of

Vietnam. Accordingly, the clear division of the regulations is remained in the
current law, and what rules will be included in the Labor Code is very
important. Part of the content is to respect the opinions of partners and the
framework related to contractual relations, it will be transferred to the Labor
Code, such as breaches of working conditions and the principles of labor
contracts, dismissal of which unjustified reason, sacked for economic reasons,
violated the notice before dismissal, ... And the rest of regulations play a role to
protect the Employees, such as protecting the Employees as women and
children , children at the teenage age, salary, working time off, labor safety,
occupational accident compensation, regulating a part of Labour Relationship
will remain in the current Law (Korea Labor Union, Vietnam Labor Code)
Conclusion of Chapter 4:
This thesis aims to focus on making comparative laws on labor contracts, so
the scope related to the construction of the plan on Labor Law is not the main
content, so it did not analyze in a specific way as a bill. However, if the two
countries have brought the Labor Law into a separate law, the regulations of
building up, making the labor contracts, performing the labor contracts,
amending and supplementing the labor contracts, as well as terms related to
terminating the labor contracts can be considered through which can settle the
professional disputes. In addition, the role of the labor committee of both
countries needs to be further strengthened and at the same time, it may be
considered to separate a highly professional and professional labor court to
settle the disputes on labor and strike according to a separated labor procedure
in accordance with the nature and features of Labor Relations
The comparison of laws in two countries will be useful to build up the
Labor Contract Law, especially the bridge to enhance the relationship between
Vietnam and South Korea in the field of labor law


25

IN CONCLUSION
Labor contracts, labor relations are the most important problems of labor
law in every country in the world, including Vietnam and South Korea. In terms
of nature, roles, morphology, and classification of labor contracts, there are a lot
of painstaking research works in Vietnam, South Korea and other countries.
This is one of the advantages for shaking hands to research on this thesis
The labor law system of Vietnam and South Korea promotes the labor
relations according to the labor contracts and regulations on labor contracts are
always interested in research and improvement in order to create the best legal
corridor for labor relations, established and developed; not only like that, but
also ensuring the changeable situations and changes of labor relationship such
as a division, separation, consolidation, merger, transfer of ownership and the
asset management for the units employing the labor forces; putting the cases
and procedures on terminating the labor relationship, settling the benefits and
handling the responsibilities of subjects related to labor contracts. That is
considered as the "frame" standard for labor relations.
A comparison of labor contract regulations according to the law of Vietnam
and South Korea shows that, despite being different countries with different
political, traditional, historical and cultural regimes. But in aspect of nature and
some regulations on labor contracts have many similarities. In addition that due
to different social and economic circumstances, the conditions on labor
contracts, included the forms and contents have different points. (This problem
is mainly mentioned and analyzed in Chapter 2 and Chapter 3 of the thesis)
By means of comparison, the thesis contributes to clarify the similarities
and differences between two labor contract law systems between two countries
of Vietnam and South Korea; contributing to improve the information on
sharing, enhancing the comprehension, awareness of compliance and applying
the regulations on labor contracts of related subjects (Vietnamese employees go
to work in South Korea; Korean enterprises using the labor when conducting

production and business in Vietnam These are two basic objectives, in addition,
the thesis also contributes to enrich the scientific knowledge to help those who
are interested in doing it. materials used in scientific and academic activities of
students ...
By means of finding out the similarities and differences in the lawful
regulations of both countries including Vietnam and South Korea on labor
contracts, the thesis also draws on the core problems, thereby proposing the
solutions to promote the completion of law. Labor Contract Law of two
countries in the direction of: expanding the subject concept of Labour
Relationship according to Labor Contract; standards on suspending and
terminating the labor contracts ...; Building up a separate law on labor
contracts; Recommendations are both practical and valuable to serve other
research projects.