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: 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...

In addition to Salary, the Employer can pay allowance to Employee. Rate and type of each allowance shall be very much depended on mutual agreement between Employee and Employer[...]

On July 15, 2016, the Labor, War Invalids and Social Affairs issued the Circular No. 23/2016/TT-BLDTBXH guiding the adjustment of pensions, social insurance allowances and monthly   allowances   according   to    the    Decree   No. 55/2016/ND-CP dated June 15, 2016 of the Government. In accordance with the regulations in this Circular, to increase...

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...

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...

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...

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...

This is relation to the conservation between us from which we were requested to provide legal advice regarding to labor contract termination between your Company and an employee due to the expiry of labor contract.   We further understand that such employee is chairman of Trade Union Committee of your company...

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...