Coping with Precariousness: How Social Insurance Law Shapes Workers' Survival Strategies in Vietnam
File version
Author(s)
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
Size
File type(s)
Location
License
Abstract
This article examines the role of social insurance law in the survival strategies of factory workers in Vietnam, especially when they are faced with pressing family needs and an uncertain future. Despite the official discourse of the law which encourages employees to accumulate social insurance for their pension benefits, workers in this study have considered their social insurance fund as a form of saving and opted to gain early access to it when they are in desperate need of money. Workers understand and use the law in a way that answers to their needs; however, such action simultaneously puts them outside the protection of the law. In workers' daily struggles, law generates a moral tension between rights and needs, and ultimately perpetuates their precarious, vulnerable condition. The article demonstrates how workers' legal consciousness varies according to their perception of their precariousness, a precariousness generated by the fragile nature of their work and underpinned by their traditional familial moral obligations. This research advances our understanding of the way state law in postsocialist regimes informs social action and consciousness in ways that oftentimes contradict the spirit of the law.
Journal Title
Law & Society Review
Conference Title
Book Title
Edition
Volume
54
Issue
3
Thesis Type
Degree Program
School
Publisher link
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
Item Access Status
Note
Access the data
Related item(s)
Subject
International and comparative law
Criminology
Sociology
Persistent link to this record
Citation
Nguyen, TP, Coping with Precariousness: How Social Insurance Law Shapes Workers' Survival Strategies in Vietnam, Law & Society Review, 2020, 54 (3), pp. 544-570