Labor & Employment
We’ve found 103
Evidence in Labor Dispute Cases
- 17 August 2021
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- by Hannah Huynh
In general, a party who files a labor claim is obligated to submit evidence to prove their case. When litigating in this area, parties should be aware of that there are a number of evidentiary rules which are particular to labor disputes. The following is a discussion of various notable decisions in labor litigation concerning the collection and submission of evidence, which have an effect on the admissibility of evidence in a court of law. Documentation...
Allowable Methods of Employment Termination
- 17 August 2021
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- by Trang Le
Vietnamese labor legislation is generally considered to be ‘pro-employee’. As such, it is imperative that companies prepare and devise a termination plan in compliance with the laws to avoid any potential disputes at Court. This plan should be prepared and standardized prior to the termination of the employment relationship. This executive brief is to provide corporate leaders with an overview of the acceptable methods of employment termination to assist in finding optimal solutions that match the...
Recent Updates Regarding Foreign Workers In Vietnam
- 02 March 2021
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- by Hannah Huynh
Noteworthy Legal Issues regarding Expats Working in Vietnam, including work permits, labor contracts, temporary residence, etc.
Unilateral Termination of Labor Contracts Due to the Covid-19 Outbreak
- 25 January 2021
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- by Stephen Le
The Corona virus (Covid-19) has caused widespread damage to the global economy. Vietnam is no exception. As enterprises are facing numerous difficulties that are directly attributable to Covid-19. According to information from the Business Registration Management Office, the number of enterprises that temporarily suspended operations increased in 2020 & 2021. In addition, there were many other enterprises that did not formally announce a suspension of business but, in practice, stopped their production and operations and allowed...
Employee Service Contract vs. Labor Contract
- 30 July 2020
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- by Stephen Le
Should Company’s Sign Service Contracts with an Individual… If so, under What Conditions? To avoid the obligations of social insurance, health insurance, and unemployment insurance towards their employees and, avoid being subject to liability as provided by the labor law, many companies propose that their employees sign contracts to provide services instead of labor contracts. Is the signing of a service contract between a company and an employee (an individual) lawful under Vietnam law? As will...
Highlights of the 2019 Labor Code
- 03 March 2020
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- by Hannah Huynh
From the effective date of the 2019 Labor Code (i.e. January 01, 2021), any contents of signed labor contracts, collective labor agreements and other legal agreements which are not contrary to regulations of, or grant the employee benefits more favorable than the ones provided by, the 2019 Labor Code remain in full force and effect, unless otherwise agreed to by the parties concerning any amendment to comply with and implement the 2019 Labor Code. New terminology...
Reasons Failing Labor-Restructuring Lawsuits
- 26 July 2019
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- by Hannah Huynh
Lay-offs due to restructuring are very common in today’s business climate. However, this can also result in many lawsuits filed by the employees against the company by claiming that the restructuring was unlawful and the company had illegally unilaterally terminated the labor contracts. Here are 03 mistakes that companies often make during the restructuring process which will often result in losing a lawsuit at Court. Failure to Prove ‘having actual changes to the organizational structure’ The...
Arbitration’s Jurisdiction Over Non-Disclosure Agreement
- 26 June 2019
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- by Hannah Huynh
Early in 2018, i.e. on February 19th, 2018, the Vietnam International Arbitration Center (‘VIAC’) issued Arbitral Award No.75/17 HCM (‘Arbitral Award 75′) concerning a dispute over a Non-Disclosure and Non-Compete Agreement (‘NDA’) between Company X (plaintiff – employer) and Ms. Do Thi Mai T (defendant – employee). According to Arbitral Award 75, the VIAC made a judgment in favor of Company X and compelled the employee to compensate Company X for her violation of the signed...
Case Study: Termination of a Labor Contract Due to Restructuring
- 19 February 2019
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- by Hannah Huynh
Judgement No. 01/2018/LD-PT Judgement level: Appellate level Judgement court: High-level People’s Court in Da Nang Matter: Dispute on unilateral termination of a labor contract Plaintiff: Mr. Alparslan M (Mr. M) – Employee Defendant: AVN Travel and Trading Company Limited (AVN Company) – Employer Summary of facts Mr. M is a foreigner. He signed a definite-term labor contract with AVN Company for the position of Operation & Supervision Expert for the working period between December 01, 2016...
Injury Assessment, Investigation, Report, Compensation in Case of Occupational Accident
- 16 November 2018
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- by Hannah Huynh
Question An employee has an occupational accident at the workplace (in a warehouse) without any witnesses. The company has already advanced such employee salary and medical expenses from the time of the accident until the present. After the employee has been treated and discharged home, how should the following issues be dealt with: Assessment of injury Where will the employee receive an injury assessment? The head-office of the company is in Ho Chi Minh City, and the...
Draft List of Potentially Unsafe Products and Goods
- 26 September 2018
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- by Hannah Huynh
Draft list of potentially unsafe products and goods subject to the State management responsibility of the Ministry of Labor, Invalids and Social Affairs Status: The collection of comments has expired (from May 18, 2018 to July 18, 2018). Document proposed to be replaced: The List of Group-2 products and goods identified in Circular No.03/2010/TT-BLDTBXH dated December 22, 2010 of the Ministry of Labor, Invalids and Social Affairs concerning the List of potentially unsafe products or goods...
Draft the List of Jobs and Workplaces Prohibited From Utilizing Underage Employees
- 26 September 2018
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- by Hannah Huynh
Status: The collection of comments has expired (from May 15, 2018 to July 15, 2018). According to the schedule, this Draft Circular will be presented to the Ministry leaders in December 2018 [click here to see the schedule]. Document proposed to be replaced: Circular No.10/2013/TT-BLDTBXH dated June 10, 2013 of the Ministry of Labor, Invalids and Social Affairs on issuing the list of jobs and workplaces prohibited from utilizing underage employees. Click here to see full contents of...
