Protecting the rights of female workers in Vietnamese labour law: A feminist legal theory perspective
- University of Finance - Marketing, Viet Nam
Abstract
This paper applies feminist legal theory to analyse and examine the provisions of Vietnamese labour law related to the protection of female workers' rights. Based on clarifying the theoretical framework and its connection with labour law, the paper focuses on analysing the current status of female workers' protection in key areas, including recruitment, wages and income, maternity leave, substantive equality, and the prevention and combat of sexual harassment in the workplace. The research findings reveal that while Vietnamese labour law has made notable progress in protecting female workers, there are still shortcomings in the current legal regulations that do not fully meet the requirements for substantive equality. From the perspective of feminist legal theory, the paper proposes several orientations for improving Vietnamese labour law in the direction of inclusiveness, progress, and ensuring substantive gender equality. Regarding methodology, the paper adopts the feminist legal theory as its analytical framework, combined with methods of analysis, synthesis, comparative legal study, and scientific forecasting to examine Vietnamese labour law in relation to the standards of the International Labour Organization (ILO). Through this approach, the paper evaluates and proposes directions for developing the Vietnamese labour law consistent with the goal of achieving substantive gender equality.