IN THE CONTEXT OF COVID-19, WILL THE COMPANY BE RESPONSIBLE FOR PAYING WAGE ON CEASING WORK IN CASE EMPLOYEES REFUSE TO COMPLY WITH THE “3 ON-SITE” PLAN?

Question: Dear Lawyer, during the period of social distancing in line with Directive No.16/CT-TTg, our Company are currently developing and implementing the “3 on-site” plan (working, eating, resting at factories) for our employees to ensure both disease prevention control and economic growth.  Even so, in the process of implementing the plan, some employees...
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Small Business / Satellite Office

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...
Time limit for voluntary execution of a judgment is 10 days

(Q&A) Quotation – Labor Law in Vietnam

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,...
Pregnant business woman article

Maternity Leave under Labor Code

The female employee is entitled to take leave before and after birth, collectively of six months[...]

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...

Process of applying for Working permit

Question: I'm Peter from UK, I'm trying to solve an issue with the process of applying for Working permit - since november 13th all teaching certificates must be legalized but the UK Embassy does not legalize , they told me to legalize in UK but now i am in...
Rest hours under Labor Code in Vietnam

Working hours under Vietnam Labor Code

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[...]
Vietnam Labor Consult

Q&A: Vietnam Labor Consult

Q: We are a Foreign invested company in Vietnam and a local person who work for us was dead from car accident, now we want to know whether our company should indemnify his family or not, and how much will our company pay according to Vietnam Law if we are obligated to pay. A: Under Vietnam...
Labor contract

Labor contract under labor code 2012

The employer and employee have to enter into a labor contract for the work which is the agreement regarding the work conditions, rights and obligations of each party[...]

Consultant for labor disputes

Question: I have been working in Vietnam from 2005. My previous job was in Hai Phong, I have no issues with my employment there, legally. Recently, I decided to move to Hanoi, new company but unfortunately, not a good decision though. I started there on 19th April 2018, as a Technical Manager,...