Labour
Question 23: In case of the consecutive signing of two seasonal LCs, is the third LC compulsory to be an indefinite LC? Is there any regulation that provides for the signing of only 02 seasonal LCs?
Beside the type of definite term LC and indefinite LC, the seasonal or specific job-based LC is another type the labour law allows Employers and Employees to enter into to perform the seasonal, temporary jobs with a term of less than 12 months[1]. However, for regular jobs of a term of 12 months or more,…
Question 22: Upon termination of LCs, if the two parties do not sign new LCs or renew LCs, can Employers continue to let Employees work for them during the time they recruit new ones?
Employers’ responsibilities upon termination of LCs and the legal consequences in the event of violation Employers’ responsibilities upon termination of LCs Upon termination of definite-term LCs, Employers are obliged to notify Employees in writing of the termination date of LCs at least 15 days prior to this termination[1]. In addition, within 7 working days from…
Question 21: Must Employers pay salaries to Employees for the period when Employees are sent for studying and training abroad? Will the basis for calculating salaries for Employees (if paid) during the study and training abroad be calculated according to working days of foreign countries or Vietnam?
Must Employers pay salaries to Employees for the period when Employees are sent for studying and training abroad? The costs of vocational training provided by the labour law are one of the compulsory provisions of the training contract[1]. Accordingly, such costs will include the expenses evidenced by valid documentation regarding tuition, study materials, schools, machines,…
Question 20: When definite-term Employees are sent abroad for long-term training, some enterprises request Employees to sign training contracts, including the period that Employees undertake to spend working for the enterprises following the training course and the compensation obligation in case of their violations. So, can the period that Employees undertake to spend working for Employers be longer than the term of the signed LCs? If yes, is it all right for Employees not to renew LCs when LCs expire? Is it correct that the compensation amount must be diminished according to the time that Employees have spent working after the training course or just a violation will force them to pay the whole compensation amount? Can Employers specify a compensation amount larger than the amount that they have spent on the training course?
Can the period that Employees undertake to spend working for Employers be longer than the term of the signed LCs? Pursuant to Article 62.2 of the Labor Code, training contracts must include the following main contents: a) job to train; b) training location, training period; c) training costs; d) the period for which Employees undertake…
Question 19: During the employment under LCs, may Employers arrange for Employees to sit anywhere at the workplace and not provide working tools (e.g. computers, telephones) to perform the assigned jobs in LCs? If computers are provided, may Employers block Employees from access to the enterprises’ servers, prevent them from receiving or sending emails from their business email addresses, and not allow them to use the internet to search information for their work?
May Employers arrange for Employees to sit anywhere at the workplace? Labour law stipulates that Employers may recruit, arrange and managing Employees according to the business and production demands; reward and discipline Employees[1]. Accordingly, the arrangement is construed as assigning Employees into specialized departments or teams in line with the enterprise’s structure and Employees’ job…
Question 17: Can the Employee’s leave without reason be considered as an unlawful unilateral termination of an LC?
Some enterprises now tend to issue the decision on unilateral termination of LCs for the reason that Employees leave jobs without reason as they think this is an unlawful unilateral termination of LCs by Employees. However, currently the Labor Code and relevant guiding documents do not have any provisions regulating that Employers may issue the…
Question 16: What are the legal procedures and risks related to the notice of terminating a definite LC upon its expiry?
Procedures for notifying the termination of a definite LC upon its expiry. Except for cases where any Employee as a part-time trade union officer is serving in the office term of the trade union, but his LC term expires, the signed LC will be extended until end of the term[1]. For the remaining cases, Employers…
Question 15: Do the “days” and “working days” in a prior notice for termination of LCs include weekly days off and holidays?
The cases where prior notices are required for termination of LCs Pursuant to the Labor Code, it is not always required to abide by the regulation on giving prior notice in the “working day” if Employers or Employees wish to terminate LCs unilaterally. It depends on the type of LC and the reason of termination…
Question 14: With all items regarding ‘Employees’ performance of military services, will the suspension period be counted into the LC term?
Cases of LC suspension The Labor Code allows Employers and Employees to suspend LCs in the following cases[1]: Employees must be away for military service; Employees are held in custody or detention in accordance with the criminal procedural law; Employees are subject to a decision on application of the measure of consignment to a reformatory,…
Question 13: For Employees as recruits or current workers, which type of signed LC will allow them to be assigned to managerial positions in the enterprise (general director, managing director and other functional directors)?
Recruiting or appointing Employees working for Employers to managerial positions in the enterprise Under the Enterprise Law, apart from the case where the board of management may appoint one of the board of management’s members to be general director, the board of management may also choose the form of hiring a general director – but…