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Guidelines on Labor Law in Vietnam: 9 Matters

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  Navigating the intricacies of  labor law in Vietnam  is essential for both employers and employees to ensure a harmonious and productive workplace. The labor law in Vietnam encompasses a wide range of regulations and provisions designed to protect the rights and interests of workers while ensuring that employers can effectively manage their workforce. This article aims to provide a detailed overview of the key aspects of labor law in Vietnam, highlighting its significance in fostering fair labor practices and promoting a stable employment environment. The Framework of Labor Law in Vietnam The labor law in Vietnam is grounded in the Labor Code, which has undergone several amendments to adapt to the changing socio-economic landscape and international labor standards. The Labor Code outlines the rights, obligations, and responsibilities of employees and employers, covering various domains such as employment contracts, working hours, wages, labor discipline, and dispute resolution. Emplo

A Guide for Foreign Employees Facing Contract Termination in Vietnam by Labor Lawyers in Vietnam

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  In the vibrant and dynamic business environment of Vietnam, many foreign professionals are enticed by job offers that promise rewarding opportunities. However, the excitement of relocating and adapting to a new culture can quickly turn into uncertainty and stress when faced with contract termination. Navigating the complexities of employment laws in a foreign country can be daunting, making the expertise of  labor lawyers in Vietnam  indispensable for foreign employees in such predicaments. This guide aims to shed light on the rights of foreign employees and the crucial role played by labor lawyers in Vietnam in protecting these rights. The Reality of Contract Termination for Foreign Employees in Vietnam For foreign employees who have moved their lives to Vietnam, the abrupt notice of job termination can be more than just a professional setback; it can be a life-altering challenge. Beyond the immediate loss of income, they face the prospect of visa issues, housing dilemmas, and the d

Can Employer Terminate the Labor Contract with Employee Due To Covid 19 Outbreak?

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  Due to intricate occurrence of Covid 19, many enterprises are forced themselves to reduce the number of employees for maintaining the operation financially. Specifically, the employer has to make difficult decision to terminate the labor contract with the employee. The termination of the labour contract has to be considered carefully because of potential legal risks brought up which  dispute lawyers in labour  should be consulted before execution. Within this post, we are not trying to resolve all cases but only aiming to brief some matters of concern for preparation. The employer could refer to the regulation in the Labor Code which allows “an employer may unilaterally terminate a labor contract if as a result of natural disaster, fire or another force majeure event as prescribed by law, the employer, though having applied every remedial measure, has to scale down production and cut jobs. Force majeure in this case is understood as (i) Enemy-inflicates destruction, epidemics (ii) Re

How Mediation and Labor Arbitration Councils Work in Settlement of Labor Disputes?

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  During and after the Covid-19 pandemic, the financial health of enterprises have been negatively impacted leading to management’s decision to reduce cost through termination of labour contract with employee. The illegal termination of labour contract could lead to disputes between employer and employee which sometime would cost the employer more than it gains. It is important for the employer to engage with labour lawyers to consult before taking the decision to consider factors that would involve. After disputes arise, mediator or labour arbitration councils could be used for resolving disputes. Individual labor disputes shall be settled through mediation by labor mediators before being brought to the Labor arbitration council or the Court, except for the following labor disputes which mediation is not mandatory: disputes over disciplining under dismissal or unilateral termination of employment contracts; disputes over damages and allowances upon termination of employment contracts;

Performing Labor Contracts in the Period of Covid – 19 Epidemic

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  The Covid-19 epidemic has seriously affected the development of the economy and society. The situation of businesses being spacing as well as suspension of production and service provision happens regularly in epidemic-affected localities, and that also seriously affects the life stability of employees. Because most enterprises’ financial situations get worse, so the businesses seem like they cannot guarantee income for employees. This is a force majeure and legal event, and the labor law has specific provisions to balance and ensure the interests of employees but also make the best support to enterprises. Specifically, according to the provisions of Clause 3, Article 99 of the Labor Code 2019, specific instructions are provided in Official Dispatch No. 264/QHLĐTL-TL of Ministry of Labor – Invalids and Social affairs about paying salary (known as “ stoppage salary”) for employees during the shutdown period related to the Covid-19 epidemic on July 15, 2021; direct instructions for bus

Why You Might Need Labor Law Attorneys in Vietnam in 9 Situations?

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Vietnam labor law under Labor Code Vietnam labor law is a body of laws and regulations that govern the employment relationship between employers and employees in Vietnam. It is important for both employers and employee to consult with  labor law attorneys in Vietnam  at early stage of the disputes for effective solutions. Labor law covers a wide range of topics, including: employment contracts, working hours and overtime, wages and benefits, social security, occupational safety and health, dispute resolution. The main law governing labor relations in Vietnam is the Labor Code. The Labor Code applies to all employees in Vietnam, including foreign nationals. Besides, there are decrees, official notice to explain the Labor Code or give further guidance. How about the practices of labor law in Vietnam? Here is a brief overview of some of the key provisions of Vietnam labor law: Regulations of labor law in Vietnam for employers Employment contracts must be in writing and must specify the te

Decree 70 Regarding the Use of Foreign Labor in Vietnam: What Changes to Worry Expatriates?

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  Decree 70/2023/NĐ-CP has introduced several significant adjustments related to the use of foreign labor in Vietnam. The decree aims to optimize the management process of foreign labor while creating more favorable conditions for economic development and businesses in Vietnam. Significance of Decree 70 Regarding the Use of Foreign Labor in Vietnam Decree 70/2023/NĐ-CP was issued with specific reasons and objectives to improve the management of use of  foreign labor in Vietnam . Here are some key reasons: Adapting to the Increasingly Complex International Labor Market The use of foreign labor in Vietnam is becoming increasingly complex and diversified. The decree is established to quickly and flexibly respond to new challenges in the international context of expatriates moving jobs between countries. Promoting Economic and Industrial Development Creating more favorable conditions for businesses to use foreign labor in Vietnam can promote the development of the economy and industry, esp

Stay Ahead of Employment Regulations with Diligent Labor Law Firms in Vietnam

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  In the dynamic landscape of Vietnam’s business environment, staying abreast of employment regulations is crucial for the success and sustainability of enterprises. As the country experiences rapid economic growth and international integration, the complexities of labor laws become more pronounced. To navigate this intricate terrain and ensure compliance with evolving regulations, businesses are turning to diligent  labor law firms in Vietnam . In this article, we will explore the significance of staying ahead of employment regulations, the challenges posed by labor laws in Vietnam, and how diligent labor law firms play a pivotal role in helping clients stay compliant and mitigate risks. Stay Ahead of Employment Regulations with Diligent Labor Law Firms in Vietnam The Importance of Staying Ahead of Employment Regulations Vietnam’s employment landscape is subject to a myriad of regulations that cover various aspects, including recruitment, contracts, working hours, wages, and terminati