Labour
Is It Necessary to Build Democracy Regulation at Enterprise?
(Pham Thanh Truc & Nguyen Huu Phuoc Esq. – Phuoc & Partners) “Democratic regulation at the grassroots level at workplaces” (“Democratic Regulation”) is a relatively new phrase for majority of enterprises in Vietnam. The Democratic Regulation according to the Labour Code means provisions on rights and responsibilities of employees, employers, organisation representing employees with contents…
Could enterprises requests employees to get vaccinated? Related Labour and Civil issues?
(Nguyen Tuan Dat & Nguyen Huu Phuoc – Phuoc & Partners) The World Health Organization’s (“WHO”) Director of Emergency Medicine has emphasized that “it is necessary to explain the benefits of Covid-19 Vaccination rather than coercing”[1].In that sense, in the context of the extremely complex pandemic in Vietnam after the outbreak on 27 April 2021,…
Suspension of Labour Contract: A Lifebelt to Keep Afloat Enterprises During the COVID-19 Storm?
(Tran Thi Huong and Attorney Nguyen Huu Phuoc – Phuoc & Partners) The time when enterprises consider whether employees work at home or to work on-site at the workplaces was long gone. Under the strict social distancing measures of the Government, enterprises are now facing more difficulties in figuring out how to cut manufacturing and…
Telework policy development: The key for effective teleworking during the COVID-19 pandemic
(Pham Thanh Truc & Nguyen Huu Phuoc Esq. – Phuoc & Partners) Telework is being considered as a viable alternative to the traditional work model for many enterprises during the complicated development of the COVID-19 pandemic. In order to adapt to the “new normal”, the organisation for employees to work remotely is increasingly popular and…
How to Formulate and Apply Effectively the Policy on the Assessment of the Levels of Working Completion
(Ms. Le Thi Minh Thu and Esq. Nguyen Huu Phuoc – Phuoc & Partners) Why should the Policy on the assessment of the levels of working completion be established? The Labour Code No. 45/2019/QH14 was promulgated by the National Assembly on 20 November 2020, which came into effect on 01 January 2021 (“Labour Code 2019”), with basic…
Online Disciplinary Meeting – Whether It Is Feasible?
(Nguyen Ngoc Phuc Dang and Nguyen Huu Phuoc, Esp.) The picture of Vietnam’s economy under the impact of the Covid-19 pandemic for more than a year shows a great number of businesses have been affected negatively, forced to downsize or even into closure, resulting in many cases of retrenchments. In adapting to the new situation,…
Remote Work – Risk on Protecting Trade Secrets for Enterprises?
(Nguyen Huu Phuoc Esq. & Pham Thanh Truc – Phuoc & Partners Law Company Limited) The Covid-19 pandemic outbreak has been threatening the health and lives of hundreds of millions of people around the world since the first case was recorded in December 2019. In the context that the Governments of countries have issued social…
Challenges of the 4.0 Technological Revolution in the Implementation of the Labour Code 2019
Nguyen Huu Phuoc Esq. & Le Thi Minh Thu – Phuoc & Partners Law Company Limited The advent of computers and the internet have led to great developments in the world of science and technology. Especially in the 4.0 technological revolution, the world is gradually more dependent on digital technology platforms that have been utilised…
Personal Data Protection of Employee – Notice for Enterprise
Nguyen Huu Phuoc Esq. – Phuoc & Partners Law Company Limited In the context of the rocketing integration of Vietnam into the economy of the developing countries through free trade agreements signed and taken into effect in the recent time with regard to Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Free Trade Agreement (FTA)…
Question 130: Many Employees, when uploading corporate information to the media and social networking, often cite the reason they do not know it is the confidential information of an enterprise that is not allowed to post on the media or social networks. So what does the enterprise do to prevent Employees from citing this reason/minimise their doing so to escape from labour discipline?
As matter of law, in order to provide a legal basis for an Employer to discipline any Employee when they disclose the enterprise’s confidential information on the media and social networks, the Employer should first establish the specific and clear details in the ILRs on the concept of confidential information and what acts of breaching…