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...

Employment contract review in Vietnam

Client: Good day! I just received a update from my client and they have the following queries w.r.t employment contract and legal advice provided, 1.       The employee is recruited at executive level relating to sales and some time need to liason with company employees from different time regions . We would not...
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[...]

Probation period under Vietnam Labor Law.

Question: I’m reaching out to seek your advice on the policy for probation period. At present we have 2 months’ probation policy being followed in Vietnam. However, we intend to increase the probation period to 6 months owing to the fact that we likely would be hiring employees with deep solution...

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...
Legal advice regarding Labor issues

Legal advice regarding Labor issues

Question: We would like to sign an annual contract for legal advice regarding Labor issues such as: -          Latest update Labor Code, Decrees, Circulars for implementation -          Legal advice in term of Labor Conflict/ Labor Relations/ Disputes -          Review HR Paper documents according to the regulation changes… -          Other advices as best practice.   I think it is normal...

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...
Vietnam Labor code

Q&A on Vietnam Labor code

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...

Should the company still have to pay salary for lockdown period?

Question: We want to ask 2 case: 1 – The company has to cease the working due to lockdown because of Covid 2 – The employee can not come to work due to they have to be lockdown Should the company still have to pay salary for lockdown period? Answer: We would like...
Land Tax for Foreign Contractor in Vietnam

Labour law query

Client: I am contacting you from a London based  company with a labour law query. My query  relates to  the validity/ acceptance of an Independent  Contractor operating  for GSM in Vietnam. Would you be able to assist with this type of query ? If you are able to provide advice, please confirm...