Labour
Question 150: What are the conditions for any foreigner wishing to enter Vietnam to work as an unpaid intern at an enterprise for a period of 30 days?
In order for a foreigner to enter Vietnam to work as a corporate intern, the foreigner must meet the conditions for visa issuance in Vietnam by submitting the following documents: (i) passport or valid papers related to international travel and (ii) evidencing any invitation or sponsorship by any organisation in Vietnam[1]. Thus, the enterprise receiving…
Question 149: How does the Vietnamese labour law prescribe for case where foreign Employees enter Vietnam to work and receive salaries from Employers but do not have work permits and/or LCs?
1.Case 1: Foreign Employees’ work permits are issued at the Employer’s request, but Employers do not sign LCs with them If foreign Employees fall into the subjects who Employers must sign LCs with after their work permits are issued[1], Employers and Employees must sign LCs in writing prior to the first working date, and within…
Question 148: Is an LC with a female Employee who is pregnant or on maternity leave automatically terminated upon expiry of her term?
Pursuant to the Labor Code, the LC will terminate where it is a definite LC and its term expires as stipulated in the LC and the parties have no need to continue their labour relationship after this term[1], except for any compulsory extension of the LC with any Employee who is a part-time trade union…
Question 147: The Labor Code allows female Employees to return to work at least 4 months after the maternity leave. If both Employers and Employees agree on such return on the basis of certification by the competent medical examination and treatment establishment that the early return to work does not harm Employees’ health, may female Employees get back to work earlier than 4 months?
Article 157.4 of the Labor Code clearly stipulates that before the expiration of the maternity leave period of 6 months, but if necessary and as certified by the competent medical examination and treatment establishment early working is not harmful to female Employees’ health and as agreed by Employers, female Employees may return to work after…
Question 146: Are foreign female Employees who take maternity leaves entitled to social insurance benefits if they have fully paid HI premiums? Must Employers pay maternity allowances to foreign female Employees? If foreign female Employees return to work after a maternity leave of 4 months, must Employers pay 2 months’ salary for the period when they return to work early?
1.Are foreign female Employees who take maternity leaves entitled to SI benefits if they have fully paid HI premiums? Pursuant to the Law on SI, the condition on which female Employees are entitled to the SI benefits is they have paid SI premiums for at least full 6 months within a period of 12 months…
Question 145: What are the union dues paid by Employees as union members? How will any violation of the regulation on paying union dues be handled? Is there any exemption from or reduction of union dues?
1.Levels of trade union due for Employees as union members? 1.1. Levels of trade union due Employees as union members must pay union dues when the grassroots trade union at their workplace has been established. The union due levels for Employees as union members are specifically stipulated as follows[1]: For Employees as union members Employees…
Question 144: What should the Employer do to encourage Employees to join the grassroots trade union?
The grassroots trade union acts as the representative to protect lawful rights and interests of its trade union members and Employees; participates, negotiates, signs and monitors the execution of the CLA, salary scale and table, labour norms, regulations on payment of salary and bonus, IRLs, democratic regulations in the enterprise, agency or organisation; participates in…
Question 143: May Employers take LD action against Employees’ violations of the general principles set out in the ILR?
Pursuant to the Labor Code, Employers are banned from imposing LD on Employees who shows the violating acts that are not specified in the ILRs[1]. Accordingly, in order to impose LD on Employees, Employers must have their ILR clearly providing for Employees’ violations that will be subject to LD as well as the corresponding forms…
Question 142: Are Employees required to sign commitments upon their job commencement as a basis for LD action in case of their subsequent violation?
Labour laws do not force Employees to sign commitments with Employers such as maintenance of the corporate properties, failure to sexually harass in the workplace upon their job commencement. However, if Employers intend to apply disciplinary measures to Employees when they breach these commitments, such commitments and remedies as permitted by the law should be…
Question 141: Can Employers impose disciplinary actions on Employees who have bad working attitudes, performance or effectiveness? Can Employers also unilaterally terminate LCs with Employees for this reason?
1.Can Employers impose disciplinary actions on Employees who have bad working attitudes, performance or effectiveness? Pursuant to Article 118 of the Labor Code, labour disciplines are construed as the regulations that require Employees to comply with the working time and technology, the management of business and production as specified in the ILRs. The ILRs, which…