Some issues related to the training, improvement, and skill enhancement of employees under the labor code

Currently, technological advancements are happening at an unprecedented pace, leading to a new industrial revolution with the emergence of artificial intelligence, robotics, and automation, which have made significant strides in various industries from manufacturing to services. 

Moreover, in the era of globalization, the participation of foreign employees or experts in the Vietnamese labor market, undertaking important and complex job positions, is increasingly common. This poses a new requirement, demanding that Vietnamese employees have higher qualifications to adapt and thrive in an increasingly competitive and technologically driven labor environment. 

Therefore, the training, improvement, and enhancement of skills for employees has become more necessary than ever. Training and development for employees are also among the important provisions recognized in the Labor Code 2019. In this article, the author will present some relevant content regarding vocational training for employees according to the current legal regulations. 

1. Responsibilities of employers in training, development, and skill enhancement 

Training, retraining, development, and enhancement of skills to maintain and transform careers and employment for employees are the obligations of employers (Article 62.c LC 2019). Specifically, employers are responsible for: 

• Developing annual plans and allocating funds for training, development, skill enhancement, and skill development for their employees; training employees before switching to other professions. 
• Reporting the results of training, development, skill enhancement annually to the labor-management agency under the People’s Committee at the provincial level. 

2. Vocational training contracts between employers and employees 

Pursuant to the labor law, when employers train or retrain employees to improve their skills, both parties must enter into vocational training contracts as stipulated in the Labor Code 2019. 

In simple terms, a vocational training contract is an agreement between employees and employers regarding the rights and obligations of each party in the case of employees being trained, skill-enhanced, or retrained domestically or internationally using the employer’s funds, including funds sponsored by third parties for the employer. This contract must ensure the following contents according to Article 62 of the LC 2019: 

• The profession being trained. 
• Training location, training duration.
• Training costs, including documented expenses such as payments to instructors, study materials, schools, classes, machinery, equipment, practical materials, other expenses supporting learners, and wages, social insurance, health insurance for learners during the training period. In the case of employees sent abroad for training, training costs also include travel expenses, living expenses during the time abroad.
• The period of commitment by employees to work for the employer after training.
• Responsibility for reimbursing training costs.
• Employer’s responsibilities.

Note that the vocational training contract must be made in two copies, each party keeping one copy. This regulation ensures that the agreement between employees and employers is clearly recorded and acknowledged by all parties in the contract, thereby creating a solid legal basis to bind the parties in fulfilling the agreed rights and obligations. 

3. The responsibility of the employee to reimburse training costs to employers

As analyzed above, employers are responsible for training and allocating funds to conduct training, retraining, development, and enhancement of skills for their employees, including training employees before switching to other professions. Conversely, employees must commit to work for a certain period after being trained by the employer. In cases where employees violate this commitment period, they must reimburse the training costs to the employer. 

Therefore, the responsibility to reimburse training costs may arise in cases where employees unilaterally terminate the labor contract (including cases of lawful and unlawful termination) but fail to work for the agreed period with the employer pursuant to the vocational training contract. 

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