Employment lawyers in Vietnam

 

The slowing of global and Vietnam economy emerged from global geographical tensions, uneven recovery from pandemic (Covid-19), disruption of supply chain, and inflation depresses business investment, hence leads to weaker employment demand, and contributes to increasing potential employment disputes. Companies whom face increasing cost encounter the needs to reduce workforce, cut salary, and avoid bonus to streamline operation. Employee impacted by inflation look out for informal jobs that lack social protection. Many of the issues could be foreseen and hence disputes could be avoided if there are adequate agreements in place with the advice of employment dispute lawyers in Vietnam based on laws and the balanced benefits approach to neutralize the conflicts.

Our employment practice at ANT Lawyers helps clients with the following:

Regulatory issues: advising on regulatory issues in relation to recruitment, employment and termination of labour contracts.

Employment documents: drafting, negotiating and amending labour contracts, office rules and collective labour agreements.

Licensing requirements: advising on the obtaining of work permits for expatriates, registration of office rules and collective labour agreements.

Labour dispute: mediating and reconciling labour disputes, representing clients before Vietnamese courts for settlement of personal and collective labour disputes, representing employee in employment dispute matters in Vietnam for best interests protection.

You could learn more about ANT Lawyers Labour and Employment Dispute Resolution Practice or contact our Labour Dispute Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529 or talk to our partner directly at + 84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2024/03/employment-lawyers-in-vietnam.html

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How to Terminate the Employment Contracts Due to Economic Reasons?

 

Termination of a labor contract is an event that terminates the employment relationship between the employee and the employer. This event might lead to labour disputes. The employer and the employee could consult with lawyers at an employment dispute law firm in Vietnam for advice and representation.

What cases of labour contract termination in Vietnam?

In particular, there are many cases of termination of labour contracts such as the labour contract expires, the work stated in the labour contract has been completed, both parties agree to terminate the labour contract, the employer lays off the employee due to structural or technological changes or because of economic reasons, merger, consolidation or division of the enterprise or cooperative,…

Steps taken to terminate labour contract due to economic reasons

In case more than one employee faces the risk of unemployment for economic reasons, the employer shall propose and implement a labor utilization plan in accordance with labour code.

Specifically, the labor utilization plan must contain the following main contents: list and number of employees who continue to be employed, employees sent for re-training to continue using; list and number of retired employees; list and number of employees transferred to work part-time; employees must terminate labor contracts and measures and financial sources to ensure the implementation of the plan.

In case the employer cannot employ and have to dismiss employees, the employer shall pay job-loss allowances to the employees. Accordingly, the employer shall pay a job-loss allowance to an employee who loses his/her job and has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month’s wage for each working year, but must not be lower than 2 months’ wage.

The working period used for the calculation of job-loss allowance is the total time during which the employee actually works for the employer minus the time during which the employee benefits from unemployment insurance in accordance with the Law of Social Insurance and the working period for which the employer has paid a severance allowance to the employee.

The wage used for the calculation of job-loss allowance is the average wage in accordance with the labor contract during 6 months preceding the time the employee loses his/her job.

The dismissal of more than one employee in accordance with this regulation may be implemented only after discussion with the representative organization of the grassroots-level employees’ collective and notification 30 days in advance to the provincial-level state management agency of labor.

How lawyers at an employment dispute law firm in Vietnam could help?

While implementing the procedures of termination of the labour contract due to economic reasons, there are potential disputes arisen between the employer and the employee. The conflict might be resulted from many issues i.e. the unpaid amount of salary, amount of allowances, the time duration to calculate the amount…

Such conflict might make the process of following the procedure to submit the labour utilization plan at the state authorities. Hence, it is important for the employer to consult with dispute lawyers specializing in labour matters at an employment dispute law firm in Vietnam for the avoidance of potential dispute with the employee, cause negative social impact when deciding to terminate contract due to economic reasons, and at the same time complying with the procedures of implementing labour utilization plan submitted and approved by the labour related authorities while doing business in Vietnam.

Readmore: https://lawyersindanangvietnam.blogspot.com/2023/12/how-to-terminate-employment-contracts.html

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How to Terminate the Employment Contracts Due to Economic Reasons | ANT Lawyers

Termination of a labor contract is an event that terminates the employment relationship between the employee and the employer. In particular, there are many cases of termination of labor contracts such as the labor contract expires, the work stated in the labor contract has been completed, both parties agree to terminate the labor contract, the employer lays off the employee due to structural or technological changes or because of economic reasons, merger, consolidation or division of the enterprise or cooperative,…

In case more than one employee face the risk of unemployment for economic reasons, the employer shall propose and implement a labor utilization plan in accordance with labour code. Specifically, the labor utilization plan must contain the following main contents: list and number of employees who continue to be employed, employees sent for re-training to continue using; list and number of retired employees; list and number of employees transferred to work part-time; employees must terminate labor contracts and measures and financial sources to ensure the implementation of the plan.

In case the employer cannot employ and have to dismiss employees, the employer shall pay job-loss allowances to the employees. Accordingly, the employer shall pay a job-loss allowance to an employee who loses his/her job and has worked regularly for the employer for 12 months or longer. The job-loss allowance is equal to 1 month’s wage for each working year, but must not be lower than 2 months’ wage.

The working period used for the calculation of job-loss allowance is the total time during which the employee actually works for the employer minus the time during which the employee benefits from unemployment insurance in accordance with the Law of Social Insurance and the working period for which the employer has paid a severance allowance to the employee. The wage used for the calculation of job-loss allowance is the average wage in accordance with the labor contract during 6 months preceding the time the employee loses his/her job.

The dismissal of more than one employee in accordance with this regulation may be implemented only after discussion with the representative organization of the grassroots-level employees’ collective and notification 30 days in advance to the provincial-level state management agency of labor.

It is important for the employer to consult with dispute lawyers specializing in labour matters for the avoidance of potential dispute with the employee, and cause negative social impact when deciding to terminate contract due to economic reasons.

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How to Determine Labour Relationship under Labour Code 2019? | ANT Lawyers

During Covid pandemic, many companies face economic challenges that need to reduce the high paid workers’ cost. There are situations which dispute arisen and the employee started to realize that the contract he or she signs with the company he or she spends eight hours each day, follows instructions of work from supervisors, and receives monthly payment at the end of the month, seems to be a consulting contract on the face instead. Is this a consulting contract or a labour contract? It is suggested the disputants engage the dispute lawyers to help resolve the potential conflict or help provide legal opinions if a labor relationship is established or not.

A labour contract is essentially a civil transaction, whereby the employer and the employee enter into it on the basis of voluntarily, equality, goodwill, cooperation and honesty. According to the provisions of the Vietnam Labor Code 2019, “a labor contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations”. In addition, the agreements which are not under the name of a labor contract but have content showing paid employment, salary and the management, administration and supervision of one party are considered as labor contracts.

An employee is allowed to enter into many labor contracts, but the employee must ensure compliance with signed contracts, this provision creates conditions allowing employees to use their full working capacity and have additional sources of income.

Contents of the labor contract must contain information about the employer and employee; Specific information about the job and workplace; Duration of the employment contract; Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments; Regimes for promotion and pay rise; Working hours, rest periods; Personal protective equipment for the employee; Social insurance, health insurance and unemployment insurance; Basic training and advanced training, occupational skill development, these are basic but very important contents that employees need to pay attention to negotiating closely and fully to ensure the interests of employees in the process of contract performance. Besides, depending on the job and job position, the employer and the employee can agree in writing on issues related to information confidentiality, however, the employer needs to pay attention to building an appropriate system of internal labor documents to ensure the practical and effective application of information confidentiality.

Regarding the probationary contract, Labor Code 2019 allows employees and employers to agree on the content of the probationary period in the labor contract itself or sign a separate probationary contract. The agreement on the content of the probationary period in the labor contract will cause some insurance obligations to the insurance agency, therefore, the employer and the employee need to carefully search relevant legal provisions in order to negotiate and agree on the contents of the labor contract to ensure compliance with the law and the rights and obligations of both parties.

In addition, in case the employee and the employer wish to amend, supplement or replace the agreed contents in the labor contract, the two parties sign an addendum to the labor contract to amend the respective contents. However, if the term of the labor contract is changed, the parties must agree to terminate the old labor contract and enter into a new labor contract. The labor contract appendix is ​​an integral part of the labor contract and has the same effect as the labor contract.

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