Labor code

The Labor Code 2012, which is the prescribed law in the territory of Vietnam, specifies the rights, obligations and responsibilities of the employers and the employees. This Code is applicable to the following[...]

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...

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...

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...

Question: We are foreign company and  just want to know if we want to employ a local people, do we need to find  recruiting agency or can we just post recruiting message on local newspaper? I have found Decree 75/2014/ND-CP (article 6?) somewhere states the procedure for recruiting local citizen...

Question: Dear lawyers, currently, my company has employees who are foreign workers. However, I still haven't fully understood the social insurance and health insurance benefits that foreign workers are entitled to. Specifically: sickness, retirement, social insurance for the elderly and occupational accidents, what are the benefits and compensations? Hope you...

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[...]

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,...

Question: Hello, I have some questions regarding the current COVID-19 Situation and employment resignation. I am currently employed under a legal fixed term contract. However, the current COVID-19 situation has affected my home country. And our company has already offered repatriation for its citizens who choose to go back home. So, my questions...

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...