Sharing of expertise
Question 62: Must Employers pay Employees for their overtime work if they have to work on the annual leave days specified by Employers?
As prescribed by labour law, if Employees have to work extra hours on fully-paid days off, they will be paid for overtime work with the rate of at least 300% excluding the daily wage of the fully-paid days off[1]. In addition, labour law also prescribes that Employees who have spent full 12 months working for…
Question 61: What legal issues that Employers should be aware of when issuing the salary scale and salary table, and determining the ceiling level for each position in the enterprise?
When issuing the salary scale and salary table, Employers should pay attention to the following: The salary levels of the jobs or titles with heavy, harmful, dangerous working conditions or extremely heavy, harmful, dangerous working conditions must be at least 5% or 7% higher than the salary levels of the jobs or titles with the…
Question 60: May Employers set a fixed salary without bonuses in order to pay compulsory insurance premiums for the Employees who have reached the ceiling level of salary in the salary scale and table?
The salary serving as the basis for payment of compulsory insurance premiums includes the salary, allowances and other additional amounts as prescribed by labour law[1]. Pursuant to the guiding documents, allowances and other additional amounts do not include bonuses[2]. From the analysis above, the salary serving as the basis for payment of compulsory insurance premiums…
Question 59: If a parent company abroad has a representative office and a subsidiary in Vietnam, and the same person is hired to be the head of the representative office and the director of the subsidiary at the same time, can it pay the salary 0 dong for the title of the head of the representative office during the time the procedure for closing the representative office is being conducted?
Pursuant to Decree 07/2016/NĐ-CP of the Government providing for the operations of representative offices and branches of foreign companies in Vietnam, the head of a representative office cannot be the legal representative of an economic organisation established under the law of Vietnam[1]. Therefore, if a person is currently the head of a representative office, and…
Question 58: In the period of training and re-training fire prevention and fighting skills, Employees who are members of the grassroots fire prevention and fighting team will enjoy what kinds of allowance? Will these allowances be added to the salary as a basis to pay compulsory SI premiums? If the training, re-training period falls into weekly days off, must Employers pay Employees for their overtime work?
In the period of training and re-training fire prevention and fighting skills, Employees who are members of the grassroots fire prevention and fighting team will enjoy what kinds of allowance? Will these allowances be added to the salary as a basis to pay compulsory SI premiums? As prescribed by labour law, when participating in fire…
Question 56: Is the travel time added to Employees’ annual leave?
Upon taking annual leave, if Employees spend any time travelling by long distance vehicle, that period may be considered for addition to the annual leave as agreed in the LC. Conditions for the travel time to be added The travel time will be added to Employees’ annual leave (apart from fully paid annual leave days…
Question 55: Due to the nature of the manufacturing industry, can the Employer apply intermittent working hours and ensure that Employees will not have to work more than 08 hours/day?
Pursuant to Article 34 of the Labor Code, the part-time work regime is one where Employees have less working hours than the ordinary number of working hours in a day or a week as prescribed in labour law, the collective labour agreement of the enterprise, the labour collective agreement of the industry, or the Employer’s…
Question 54: How is the certificate of a medical examination and treatment establishment identified in case of any Employee’s illness leave or due to his/her beloved ones’ illness?
No prevailing legal regulations provides guidelines on the types of paper which are considered to be written certificates by medical examination and treatment establishments that have been incorporated and operating in accordance with the law. However, pursuant to Articles 41 and 42 of the Law on Examination and Treatment 2009, the medical examination and treatment…
Question 53: Pursuant to Article 110 of the Labor Code, Employees are entitled to take a rest of 24 hours per week as a minimum. If Employees cannot take a rest weekly due to the labour cycle, Employers must ensure that Employees have a rest of at least 4 days/month on average. As such, may Employers add 4 days of this month to 4 days of the next month? Or if Employers cannot arrange for Employees to take a rest due to business demands, can they pay Employees for the 4 rest days? If it is allowed by law, can Employers pay for these rest days using the salary level?
Labour law does not have any regulations allowing Employers to add the 4 weekly rest days of this month (Employees cannot take these rest days due to business demands) to the next month. Besides, the purpose of the weekly rest days, as defined by labour law, is to help Employees recover their working abilities to…
Question 52: Pursuant to labour law, the normal working hours of Employees must not exceed 48 hours/week. As such, if in the beginning Employers require Employees to work only 40 hours a week under LCs but then, due to the business demands, wish to increase the number of working hours to 44 per week, can Employers make a unilateral decision on this issue or must they obtain the consent of each Employee?
An LC is an agreement between Employees and Employers on paid jobs, working conditions, rights and obligations of each party in the employment relationship, including the provisions on working hours and break time. In this case, Employers and Employees have agreed on 40 working hours per week and recorded this in LCs, and this provision…