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...

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 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...
Salary in labor contract

Salary under Vietnam labor code

The salary of the employee includes the salary rate based on the work, allowance and other additions, if any[...]
termination-labour-contracts-of-redundant-employees-due-to-organizational-restructure

Terminating labor contracts with redundant employees

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...

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...
Social insurance law

Social insurance under law on social Insurance

The Law on Social Insurance, 2006 is a law providing for social insurance regimes and policies, the rights and responsibilities of insured laborers, agencies, organizations and individuals; social insurance organizations[...]
Annual leave under Labour Code

Annual leave under Labour Code

Question: We are a FDI company and would like to know the regulation on Annual leave under Labour Code  of Vietnam. Now, under the regulation of our company, the firm applies an annual leave policy of 20 days for the employees who sign labor contracts with a term of 1 year or...

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...

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";...