Right of employer and employees under Labor Code 2012
Under the law, the employees have the following rights and duties[...]
Inquiry into establishing a trade union organization within six months of operation
Question: I read your article regarding trade union. My understanding based on your article is that in accordance with "Decree No. 98/2014/ND-CP dated October 24, 2014" which takes effect from the 10th of December 2014:
1. Enterprises need to establish a trade union within 6 months from its operation.
2. If an enterprise...
Obtainment of construction operating license to foreign contractors Service
This is reference to your requirement, from which, we understand that currently you (hereinafter referred to as “Client”) is looking for a professional law firm to support the Obtainment of construction operating license to foreign contractors. Therefore, we are grateful to set our legal services proposal for your review...
Vietnam-Unused Annual Leave
Question: If an employee has 14 days annual leave this year, but he terminated in this May with 9 days unused annual leave.
Does employer pay for the unused annual leave and how to calculate it?
Is the formula correct?
Monthly salary/26*unused days.
Answer:
In case the Employee legally terminate the employment contract, he/she...
To increase by 8% of pensions, monthly allowances for subjects for officers
On July 15, 2016, the Labor, War Invalids and Social Affairs issued the Circular No. 23/2016/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances and monthly allowances according to the Decree No. 55/2016/ND-CP dated June 15, 2016 of the Government.
In accordance with the regulations in this Circular, to increase...
Holiday & Tet Leave
According to Article 115 of the Code, the employee shall be entitled to the following public holidays and the same shall be fully paid leave[...]
Set up a company providing HR Service in Vietnam
Investor: Can you tell me what the requirements are to set up a company that will provide HR Service in Vietnam? What criteria do we need to meet and is there a minimum investment level?
Lawyer: Vietnam Law does not impose any minimum investment capital for setting up a HR Service...
Compulsory insurance of employees and employers in Vietnam
Q: We are a foreign invested company in Vietnam and our company has one employee (58 years old) and another one (nearly 50 years old), does our company have to participate compulsory insurance for these employees?
A: Regarding to your question, we would like to advise as follows:
1.For the people...
New salary policy to come into force from August 2021
According to the provisions of Resolution 50/NQ-CP dated May 20, 2021 on the Action Program to implement the Resolution of the 13th National Congress of the Party, the Government has officially assigned the Ministry of Home Affairs to carry out the task "Building and implementing a new salary regime";...
Labor regulation and employee benefit under Vietnam Law
SBLAW would like to brief on labor regulation and employee benefit under Vietnam Law as follows:
Labor Contract
Labor Contract shall be entered with the Employee directly, unless the employee is from 15-18 years old. Labor contract for a period more than 3 months, must be executed in writing...














