22 December 2021
The Ministry of Labor, War Invalids, and Social Affairs has issued a consolidated document from Circular 08/2020/TT-BLDTBXH and Circular 09/2021/TT-BLDTBXH to guide the protection of the employment status of whistleblowers working under labor contracts. Some of the main contents are as follows:
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Protected persons are whistleblowers including those who work under labor contracts and their relatives.
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Protecting the employment of a protected person means that a competent authority considers and issues a decision to apply necessary measures to protect the protected person's job, including:
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Requesting the employer to stop the violation; restore the job position, income, and other lawful benefits from employment to the protected person;
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Handling within the jurisdiction or requesting a competent organization/individual to handle in accordance with the law.
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Responsibilities of employers:
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Not to place employment discrimination against the protected person.
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Not to retaliate, punish or threaten to affect the protected person's employment, incomes, and other legitimate interests from their job.
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To timely and fully implement job protection measures for the protected person at the request of the authority that decides to apply protective measures.
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To report to the agency that decides on the application of job protection measures and notify the employer's representative organization of the results of the implementation of protective measures.
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To coordinate, provide information, documents, and records at the request of the competent authority to protect employment in the process of receiving, verifying, and applying job protection measures.
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In case the employer fails to comply with the job protection measure for the protected person, the Executive Committee of the grassroots trade union at the enterprise of which the employee is a member must give their opinions in writing to the employer, and report the incident to the authority which has decided to adopt such employee protection measures and the superior representative organization of the employee (if any) for taking timely actions and further employee protection measures.
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