Vietnam Labor Law Review
(August – September 2018)
September 24, 2018 Labor Law Review
Vietnam Labor Law Review
August – September 2018
A.Q&A ON LABOR LAW
Transferring the employee to another job with a lower salary:
The company has an employee who is considered to be ineffective and the company wishes to transfer this employee to another job in another department. According to the job description and change in wages, the employee is transferring to a job with a lower salary. The company and the employee have agreed to the terms with each other. What additional procedures does the company need to do to prove that the employee consents to this agreement, as in many cases, labor inspectors will be able to argue that the employee was compelled by the company to accept a position at a lower salary?
In addition, under the labor agreement, the company would like to place the employee in a probationary period for the new position for a period of two months (and the employee has agreed). Is the company in compliance with the law? After the probationary period expires, what actions should the company take in cases where:
–The employee applies to terminate his current employment contract and then apply for a new recruitment vacancy?
–Amending existing labor contracts, making appendices for changes in jobs and wages?
Signing collaboration contract with individual:
In essence, is a “collaboration contract” a seasonal contract or different from a seasonal contract? Some people claim that collaboration contracts can be freely signed as many times as needed. If so, what is the legal basis for performing multiple signings? What is the appropriate procedure for signing a collaboration contract to ensure its compliance with the laws?
B. INSIGHT ON
–Draft regulations of the operation and organization of the Inspectorate Authorities of Labor, Invalids and Social Affairs on enterprise self-assessment.
–Draft regulations of penalties for administrative violations in the field of labor and social insurance, as well as sending Vietnamese employees overseas to work under contracts.
–Draft list of jobs and workplaces prohibited from utilizing underage employees.
–Draft list of potentially unsafe products and goods subject to the state management responsibility of the Ministry of Labor, Invalids and Social Affairs
C. LEGAL DOCUMENTS UPDATES ON LABOR
D. STATUS OF LABOR LAW ENFORCEMENT IN VIETNAM
– Written by LE & TRAN | Vietnam’s Premier Business Litigation Firm