1. Legal Basis
Article 5(1) of the 2019 Labour Code of Vietnam affirms the principle of equality: every employee, irrespective of nationality, gender, or other personal status, is entitled to work, receive fair wages, enjoy occupational safety and hygiene, and participate in collective bargaining and other trade union activities. This provision is intended to guarantee that foreign employees are not treated less favorably than Vietnamese workers under similar conditions.
2. Evaluation in Practice
Despite this legal framework, foreign workers in Vietnam often face challenges in achieving substantive equality:
- Equal Pay: While the law requires non-discrimination, some foreign workers report wage disparities. In certain sectors, expatriates are paid significantly more than locals for equivalent work, while in others, particularly lower-skilled positions, foreign employees may face underpayment due to lack of bargaining power.
- Working Conditions: Employers are legally obliged to provide the same occupational safety standards to all employees. However, enforcement gaps remain—foreign workers in manufacturing and construction may lack adequate protective equipment or face informal practices that diverge from written contracts.
- Collective Bargaining Rights: The Labour Code allows all workers, including foreigners, to join employee representative organizations. In practice, however, foreign workers may be excluded from trade union activities due to language barriers, cultural differences, or employer resistance.
3. Gaps in Enforcement
Although the statutory framework is comprehensive, weaknesses persist:
- Monitoring Mechanisms: Labour inspectors often lack resources to identify discriminatory practices, particularly in private or small enterprises employing foreigners.
- Complaint Procedures: Foreign workers may hesitate to file complaints due to language barriers, lack of legal knowledge, or fear of retaliation, particularly when their residency status depends on employment.
- Sanctions: Existing administrative fines for discriminatory practices are relatively low, reducing their deterrent effect.
4. Conclusion
Article 5(1) of the Labour Code 2019 enshrines the principle of equal treatment, but its realization for foreign workers remains uneven. Ensuring fair pay, safe working conditions, and genuine collective bargaining rights requires not only legal recognition but also robust enforcement, stronger sanctions, and institutional support. By addressing these gaps, Vietnam can foster a more inclusive labor market aligned with both domestic law and international labor standards.
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