Labor & Employment
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Is a Work Permit Really That Important?
- 07 February 2023
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- by Stephen Le
Navigating the complexities of labor law and regulations can be challenging, especially when it comes to foreign employees. Is a work permit really important? Read on to understand the legal requirements in this arena. Read more here: https://letranlaw.com/insights/decisive-role-of-work-permit-in-resolving-labor-disputes/
Retrenchment
- 12 December 2022
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- by Stephen Le
This is a difficult but necessary conversation to have. While retrenchment numbers have fallen since record highs during COVID-19, the turmoil in some sectors of the economy continues. What happens to a person when they are told to leave? We hope this is helpful. We share more tips and insights in the PDF below:
Stop Quiet Firing, the Real Culprit Behind Quiet Quitting
- 29 September 2022
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- by Stephen Le
We’ve all seen it happen, haven’t we? A sudden role change..a move to a newly created role to look after “special projects”. A role with little opportunities and little impact… a dead end. Basically a sly move to communicate what needs to be said out loud without actually saying it. That’s dirty and that’s quiet firing. Read between the lines For many years, quiet firing had been quietly embraced as an acceptable corporate practice; a way...
Dispute on Unilateral Termination of A Labor Contract
- 29 September 2022
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- by Stephen Le
The process of termination can be said to be a tricky endeavor. Companies rightly exercise layers of caution before serving termination notices to employees because any mistake can result in a lawsuit nobody wants. We analyze this case study to show you what to look out for. Read our full assessment here: https://letranlaw.com/insights/case-study-termination-of-a-labor-contract-due-to-restructuring/
Unveiling the #1 “Workplace Superpower” in 2022
- 26 July 2022
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- by Stephen Le
Working in 2021 taught us the important of developing a good mix of interpersonal and digital fluency skills. Which are the top 5 ones and can HR and business leaders help employees develop these skills sets at work?
Never Underestimate the Power of Care in Your Organization
- 19 June 2022
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- by Stephen Le
The data speaks for itself. Employees who feel their employer cares about their wellbeing are 69% less likely to actively search for a job. And that is just one of many other proven benefits. Could the source of your “legal” problem start with a care problem? At the onset of the pandemic in 2020, many employers responded quickly with a plan, communication, and what many employees believed was genuine concern for them, their work, and their...
The Hybrid Future Is Here to Stay
- 27 May 2022
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- by Stephen Le
The data speaks for itself. Employees who feel their employer cares about their wellbeing are 69% less likely to actively search for a job. And that is just one of many other proven benefits. Could the source of your “legal” problem start with a care problem? At the onset of the pandemic in 2020, many employers responded quickly with a plan, communication, and what many employees believed was genuine concern for them, their work, and their...
The Reality of Manager Burnout
- 13 May 2022
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- by Stephen Le
Successful businesses depend on effective managers -productivity, performance, engagement and retention all spring from great managers. But what if the manager is burned out? What happens to the organization? What happens to the manager? Having stressed and burned-out managers is never good, but it’s a particularly urgent problem right now. The good news is? You can do something about it.
Preventing Conflicts of Interest
- 09 March 2022
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- by Stephen Le
A “Conflict of Interest” is defined as a real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties (Black’s Law Dictionary – Ninth Edition). There is no statutory definition of conflict of interest under the laws of Vietnam. Actions constituting conflicts of interest are only indirectly regulated in the form of certain prohibited activities in various legal documents such as the Law on Cadres and Civil Servants[1] or the Law on Anti-corruption[2]...
Grassroots Trade Unions & Employees’ Organizations at the Enterprise-level
- 21 February 2022
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- by Stephen Le
In Vietnam, the ‘Trade union’ was the only organization dedicated to protecting employees’ legitimate rights and interests. The first legislative enactment regarding Trade Unions was the 1994 and subsequent 2012 Labor Codes. Under the 2012 Labor Code, the term “Trade Union” was changed to “Representative organization of a grassroots-level employees’ collective”. However, the essence of this organization remained and was defined as “the Executive committee of a grassroots trade union or the Executive committee of the...
Overview of Labor Law
- 14 January 2022
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- by Hannah Huynh
Employment Term and Probation Period Definite-term labor contract Term: not exceed 36 months (exclusive of probationary period). You cannot use this type of contract if: it is the third labor contract with that employee. For the third labor contract, you must sign indefinite-term contract. What happens if the employee continues to work after the expiry of the contract? After the expiry of contract, if the employee continues working without signing any new contract within next 30...
Resolving Labour Disputes in Vietnam for Foreigners
- 18 December 2021
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- by Hannah Huynh
One of the requirements for foreigners to work in Vietnam is to be granted a work permit the competent Vietnamese authorities. However, due to the practical, day-to-day demands of business, many companies do not comply with this regulation and often sign labour contracts with foreign employees without valid work permits. In the event of a dispute, the issues become: “Is the labour contract with a foreign employee without a work permit valid?” and “What role does...
