03 P A R T RIGHTS AT RISK: KEY CHALLENGES FOR THE TOURISM INDUSTRY IN VIETNAM Following the introduction of the UN Guiding Principles, businesses are expected to ‘know and 1. Labour rights show’ that they respect human rights in their A number of labour-related risks may arise for operations, activities and relationships. This businesses operating in the tourism sector.36 The section is designed to assist businesses working COVID-19 global pandemic has both highlighted in the tourism sector in Vietnam to understand and exacerbated the precarious and insecure and identify key human rights risks that may exist nature of work within the tourism industry. in their operations, supply chains or business The complex, seasonal and labour-intensive relationships. nature of the sector, and the predominance of Given the diversity within the tourism industry and its extensive footprint, the risks associated with the tourism sector are extensive and will vary from business to business. As such, the human rights risks outlined below should be seen as a starting point, rather than a definitive list. In addition, there are some groups of people that experience heightened vulnerability and may therefore be at greater risk of discrimination, exploitation and/or abuse. In the tourism industry in Vietnam, these groups include women, children, ethnic minority and Indigenous communities, persons with disabilities and migrant workers (including internal migrants). Special consideration must be given to these groups when considering potential business impacts on workers, local communities and tourists. The attributes of these groups and the challenges they face do not exist in isolation and may intersect with each other, further impacting the ability of individuals to push back against power or abuse. For example, it can be the interplay of migrant status and gender that makes migrant women particularly vulnerable to exploitative conditions.35 recruitment and working small businesses, has meant that employment is often precarious in nature and unregulated. Furthermore, the sector often relies on seasonal work, shift work, and unskilled labour.37 This creates challenges related to working conditions, wages and the ability for workers to organise collectively. It also creates greater worker vulnerability to discrimination, abuse and/or exploitation. In addition, unethical recruiters may take advantage of workers by charging a fee and/ or tying workers into a contract which requires them to pay a percentage of their salary.38 Given these workers are generally in low paying roles, this burden can be significant. The ‘Employer Pays Principles’ have created a growing expectation that no worker should have to pay for a job.39 For instance, Kempinski Hotels and Radisson Hotels have a public policy aligning with the ‘Employer Pays Principles’.40 Child labour is also common in the tourism industry, particularly in family businesses in the informal economy where, in Vietnam as elsewhere, it goes largely unreported and unrecorded.41 The ILO and UNICEF have warned that the socio-economic and financial impacts of the COVID-19 pandemic may push more children into the workforce.42 Responsible business conduct and the tourism industry in Vietnam • Guidance for companies • 2022 | 25