Labor & Employment
We’ve found 121
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...
Draft on the Penalties for Administrative Violations in the Field of Labor and Social Insurance
- 25 September 2018
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- by Hannah Huynh
Status: The collecting of comments has expired (from March 16, 2018 to May 16, 2018). According to the schedule, this Draft Decree will be presented to the Government in November 2018 [click here to see the schedule]. Documents proposed to be replaced: – Decree No.95/2013/ND-CP dated August 22, 2013 of the Government regarding penalties for administrative violations in the fields of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts;...
Draft Regulations of Enterprise Self-Assessment of the Labor Law Compliance
- 25 September 2018
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- by Hannah Huynh
Status: The collecting of comments has expired (from June 14, 2018 to August 14, 2018). According to the schedule, the Draft Circular will be presented to the Ministry Heads in October 2018 [click here to see the schedule]. Document proposed to be replaced: Decision No.02/2006/QD-BLDTBXH dated February 16, 2006 of the Minister of Labor, Invalids and Social Affairs promulgating the regulations of using to the forms of self-assessment of the labor law compliance. Click here to...
Employment Discrimination
- 24 August 2018
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- by Stephen Le
Employment Discrimination “Discrimination” in labor is strictly prohibited. However, the prevailing labor law of Vietnam has no regulation that specifies the exact legal definition of “discrimination”. In practice, circumstances constituting “discrimination” are often ambiguous leading employers to be confused as to whether their actions/decisions are discriminatory or not. With typical examples, this insight will help you understand: – Some relevant legal grounds of the Vietnam law and the international convention over discrimination; – Criteria for identifying...
Draft Decree “Implementation of Regulations at the Workplace”
- 11 July 2018
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- by Hannah Huynh
Draft Decree amending and supplementing several in concerning the implementation of regulations at the workplace The Draft amends several contents related to the implementation of regulations on grassroots democracy at the workplace in a flexible way and simplifies the procedure, providing enterprises decision-making power so as to guarantee its suitability with business conditions. Specifically: –Abolishing the provisions for creating a Regular Dialogue Regulation at the workplace and a Regulation for holding an employee conference. The Draft...
Expanding the Right of Employers to Unilaterally Terminate the Labor Contract
- 30 June 2018
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- by Hannah Huynh
Over the last few years, the Ministry of Labor – Invalids and Social Affairs has been in the process of amending the 2012 Labor Code. One of the recent proposals for amendment, contained in the application file proposals of the 3rd Labor Code amendment is to expand the employee’s right to unilateral termination of the labor contract. There are two proposed alternatives: Option 1: The employee will be allowed to lawfully terminate the labor contract without specifying...
Is “Serving the Employer’s Commercial Interest” a Duty of the Employee?
- 14 March 2018
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- by Hannah Huynh
One expectation when recruiting an employee is to hire someone to faithfully serve the business of the employer and to assist in the development of the business. Clearly, this is an important consideration for the employer when entering into a labor contract. If so, when an employee refuses to comply with the employer’s requirements (within the scope of business development purposes), such as requiring the employee to do jobs not described in the labor contract or...
