English - CEDAW Southeast Asia

CEDAW and the Law:
Further elaborating on Article 109, Decree No.23-CP Of April 18, 1996, Of The
Government Providing Details, And Guidance For The Implementation Of A Number Of
Articles Of The Labour Code On Women Labourers (Decree on Women Labourers)
guarantees: “Women have the right to equality with men in the labour relations between the
employers and labourers in all organizations, between all individuals and in all economic
sectors, in the following areas: recruitment, employment, training, pay raise, promotion,
reward, social insurance, health insurance, labour conditions and safety, and material and
spiritual welfare and health care.” 460
Third, Article 7 also provides that the State will “stipulate a labour regime and a social
policy aimed at protecting female workers and occupations having special characteristics.” In
this regard, Chapter X of the Labour Code has separate provisions on female employees.
Fourth, Article 111 states that employers are strictly prohibited from conduct that is
discriminatory towards a female employee or conduct that degrades the dignity and honour of
a female employee. This is further elaborated by the Decree on Women Labourers, which
imposes bans on employers: (a) issuing regulations that are not more use to women labourers
than the provisions of law; (b) restraining the capabilities to absorb women labourers into
employment; and (c) encroaching on the honour and dignity of women labourers during
work. 461 These acts are specifically penalized in Article 15(1)(e) of the Decree No.
113/2004/ND-CP of April 16, 2004 Prescribing Administrative Sanctions against Acts of
Violating Labour Legislation (Decree on Labour Violations).
The Labour Code is applicable to both public and private sectors. 462 With the growing
prominence of the private sector and the declining importance of the State as an employer, the
challenge is to ensure that workers rights are enforced in the private sector. 463 However, it is
observed that the application of the Labour Code is only widespread across government
departments and State enterprises. However, oversight of the implementation of the Labour
Code in enterprises is not effective. 464 Hence, ensuring application of labor laws in the private
sector is necessary.
Recommendation: There is a need to ensure the application of labour laws in the
private sector.
Indicator 72
Do women have the same employment opportunities as men
Does legislation provide for the same criteria for selection Are
there restrictions on women’s choice of employment
216
Every person has the right to choose freely the type of work or trade, to learn a trade,
and to improve professional skills without being discriminated against on the basis of gender,
race, social class, beliefs, or religion. 465 To guarantee this, an employer must implement the
principle of equality of males and females in respect of recruitment. The Law on Gender
460
Decree on Women Labourers, Article 2
461
Ibid., Article 9
462
See Labour Code, Articles 2 and 4
463
Wells, op. cit., p. 19
464
Combined Fifth and Sixth Periodic Report, p. 35
465
Labour Code, Article 5
Review of key legal documents and compliance with CEDAW