24 December 2020
Employee Service Contract vs. Labor Contract
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?
09 December 2020
Evidence In Labor Suits
In general, a party who files a labor claim is obligated to submit evidence: the plaintiff to prove its claim(s) and the defendant to prove its counter claim(s). 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.
18 August 2020
Labor Law Review (No.03.2020)
In 2018, the Vietnam International Arbitration Center (VIAC) made a judgment in favor of the employer concerning a dispute over a Non-Disclosure and Non-Compete Agreement (NDA)...
18 August 2020
Labor Law Review (No.02.2020)
Welcome to our Labor Law Review No. 02.2020, which provides you with (i) the insight “Employees absent from work for several days without permission: what should employers do?” and (ii) updates on labor law from May 01, 2020 to June 14, 2020...
09 June 2020
Employment Dispute Resolution
In the employment relationship, there is always the potential for conflicts between the employer and the employee. Depending on the circumstances, there is the real possibility that this disagreement may lead to a labor dispute....
02 June 2020
Podcast – Shareholder Disputes
Disputes between shareholders are common in today’s business world and may arise in any partnership no matter how carefully the initial plans are drafted. Sometimes, such disputes can be resolved simply by a compromise between the involved parties...
12 May 2020
Podcast – Judgement Enforcement in Vietnam
Obtaining a court judgment or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgment or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account...
16 April 2020
Podcast – Unilateral termination of the labor contract due to The Covid-19 outbreak
Enterprises in Vietnam are facing numerous difficulties that are directly attributable to Covid-19. Many enterprises have temporarily suspended their business for a specific term;...
03 April 2020
Podcast – Late payment interest in commercial disputes
One of the most important issues in a commercial lawsuit involving late payments is how the Court will determine late payment interest...
24 March 2020
Podcast – Is Covid-19 a “Force Majeure” in commercial contracts?
Due to the outbreak of the respiratory infection caused by a new coronavirus (Covid-19), on March 11, 2020, WHO declared a worldwide pandemic...
12 March 2020
Litigation Discussion Event
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03 March 2020
Podcast – New Regulations of the 2019 Labor Code
The new Labor Code (effective from January 01, 2021) has significant changes such as simplifying types of labor contract, not allowing extending the term of labor contract by an annex, widening employees’ right of unilaterally terminating employment,...