Labor code

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...

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...

The normal working hours prescribed under law is a maximum of 8 hours a day or 48 hours a week and the employer shall have the right to determine[...]

Articles 179 to 183 of the Vietnam Labor Code deals with the provisions related to employees working in the household[...]

We understand that your organisation, (hereinafter referred to as “Client”) is now seeking legal advices for conducting necessary procedures for terminating labor contracts with redundant employees due to organizational restructure of your subsidiary in Vietnam. We therefore are grateful to present you our Legal Services Proposal for your review and...

Client: We are a small software company in Orange County, Ca USA. We have employed a Vietnamese citizen for approx 5 years on an H1B US Visa. He is now required to travel back to Vietnam and we would like to continue to employee him legally. I was hoping to...

Q: We are a foreign invested company in Vietnam and would like to find a labor lawyer in Vietnam. Could you please provide us quotation of below questions: Local Employee: 1.    In agreement between employee and employer, could employer pay severance allowance to employee now (before termination LB)? 2.    If employer pay severance allowance now,...

Under the law, the employees have the following rights and duties[...]

SBLAW would like to provide the foreign invested company (FIC) in Vietnam some information on Vietnam Labor Code through Q&A form: Q: In which currency the salaries should be paid? A: Under Vietnam Law on foreign exchange, all transactions made within territory of Vietnam must be made by VND. Thus, currencies...

SBLAW would like to provide Regulation regarding social insurance and unemployment insurance for employees in Vietnam for your kind consideration: COMMENTS ON THE SOCIAL INSURANCE AND UNEMPLOYMENT INSURANCE FOR EMPOYEES. 1.  The insurance regimes and policies for female employees in maternity leave. With regard to the social insurance, Pursuant to Article 35.2...