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?
Think severance is just a courtesy? In Vietnam, it’s a legal obligation with serious consequences for getting it wrong. In this post, Hannah Huynh unpacks the critical rules around severance allowance in Vietnam. Severance missteps can cost more than just money, they can trigger legal claims, fines, and reputational harm. Whether you’re managing a restructuring or ending a fixed-term contract, understanding your obligations is key to staying compliant and protecting your business. Read the full breakdown...
Vietnam remains a key destination for foreign professionals, investors, and technical experts. As of 2025, however, obtaining a work permit has become increasingly regulated and procedural. Whether you are relocating for employment or planning to hire a foreign national, understanding the most up-to-date work permit process is essential to ensure compliance and avoid delays or penalties. This guide provides a comprehensive breakdown of Vietnam’s work permit requirements, step-by-step application procedures, exemptions, recent updates, and strategic insights...
In Vietnam, labor violations are more than just HR missteps; they can lead to administrative fines, lawsuits, or even criminal exposure. As enforcement of labor laws becomes increasingly rigorous, both domestic and foreign employers must understand what constitutes a violation and how to remain compliant. Many labor disputes arise not from intentional wrongdoing but from gaps in understanding complex and evolving regulations. This article outlines the most common labor violations under Vietnamese law, their consequences, and...
Terminating an employee is more than just an administrative decision; it carries legal and financial consequences for businesses in Vietnam. Employers must not only ensure compliance with strict labor laws but also navigate the complexities of severance allowance to avoid disputes and potential penalties. Misunderstanding severance pay, including who qualifies, how it is calculated, and when it applies, can lead to unexpected costs for employers and frustration for employees who believe they are entitled to compensation....
Labor leasing has become a go-to solution for businesses needing flexible, short-term staffing, but strict regulations govern this practice. Many companies unknowingly violate labor laws, leading to fines, license suspensions, and operational risks. In this article, Hannah Huynh explores: The legal conditions for labor leasing enterprises The rights and obligations of all parties involved The severe penalties for non-compliance If your business leases workers or hires leased labor, make sure you’re on the right side of...
Emotional intelligence plays a key role in conflict resolution. People with strong analytical skills often tend to focus on the logical and right-wrong aspects of an issue, which is not the most effective approach for conflict resolution. Emotional intelligence is necessary to maintain self-control and avoid getting stuck in a right-wrong mindset. Knowing when to stay silent is also an important aspect of emotional intelligence in order to achieve a satisfactory outcome for all parties involved.
Litigation, a term derived from the Latin word “litigare,” meaning “to dispute,” is the process of taking legal action through courts to enforce or defend a legal right. It involves a series of steps, from the initial filing of a lawsuit to the final resolution, often through a court trial or settlement. This legal mechanism is fundamental in maintaining the rule of law, resolving disputes, and ensuring justice in society.
The litigation process typically begins when one party, known as the plaintiff, files a complaint against another party, the defendant. This complaint outlines the plaintiff’s allegations and the legal basis for the lawsuit. The defendant is then served with a summons and a copy of the complaint, providing formal notice of the legal action.
1. Pleadings: The initial phase of litigation involves pleadings, where both parties submit written statements. The plaintiff files a complaint, and the defendant responds with an answer, which may include counterclaims against the plaintiff. This exchange of documents establishes the issues in dispute and the positions of each party.
2. Discovery: Discovery is a critical phase where both parties gather evidence to support their claims and defenses. This process includes depositions, interrogatories, requests for documents, and admissions. Discovery ensures that both parties have access to relevant information, promoting transparency and fairness in the litigation process.
3. Pre-Trial Motions: Before the trial, parties may file various motions to resolve specific issues or potentially dismiss the case. Common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions aim to streamline the trial by addressing legal and procedural matters in advance.
4. Trial: If the case proceeds to trial, both parties present their evidence and arguments before a judge or jury. The trial involves opening statements, witness examinations, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining the outcome of the case.
5. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If these motions are denied, the losing party can appeal the decision to a higher court. The appellate court reviews the trial record and determines whether legal errors were made that could have affected the outcome.
Types of Litigation
Litigation encompasses various types of legal disputes, each with unique characteristics and procedures:
1. Civil Litigation: Civil litigation involves disputes between individuals, businesses, or organizations seeking monetary damages or specific performance. Common examples include contract disputes, personal injury claims, and property disputes. The burden of proof in civil cases is typically “preponderance of the evidence,” meaning that one party’s case must be more convincing than the other’s.
2. Criminal Litigation: Criminal litigation involves the prosecution of individuals or entities accused of violating criminal laws. The government, represented by a prosecutor, brings charges against the defendant. The burden of proof in criminal cases is “beyond a reasonable doubt,” a higher standard than in civil cases, reflecting the serious consequences of criminal convictions.
3. Administrative Litigation: Administrative litigation occurs when individuals or entities challenge the decisions or actions of government agencies. These cases often involve regulatory compliance, licensing, and enforcement actions. Administrative hearings are typically less formal than court trials, with specific procedures and rules governing the process.
The Role of Attorneys in Litigation
Attorneys play a crucial role in the litigation process, representing the interests of their clients and navigating the complexities of the legal system.
They provide legal advice, draft pleadings and motions, conduct discovery, negotiate settlements, and advocate for their clients in court. Effective litigation requires a deep understanding of substantive and procedural law, strategic thinking, and strong advocacy skills.
Conclusion
Litigation is a cornerstone of the legal system, providing a structured process for resolving disputes and upholding the rule of law. While it can be lengthy, costly, and adversarial, litigation remains an essential mechanism for achieving justice and accountability.
Understanding the stages, types, and roles involved in litigation is vital for anyone navigating the legal landscape, whether as a plaintiff, defendant, or legal professional.
I am old-school when it comes
to learning. I love traditional books (paper books) because they connect me to the words on the page. I often purchase and make a habit of daily reading, and this is the only way I feel happy after a hard day of work. Books are good friends that brighten my spirit and transport me to my own world.
