Sharing of expertise
Question 30: If Employers and Employees sign LCs without job descriptions, do Employers have the grounds to conclude that Employees have regularly failed to fulfil their tasks in order to be able to unilaterally terminate LCs? Can Employers unilaterally make up a job description after LCs have been entered into to use it as a basis for evaluating Employees’ performance in this case?
In practice, there are many cases where Employers and Employees only agree on the positions or titles which are specified in LCs, and do not include a description of the tasks that Employees must fulfil. From the legal perspective, labour law does not require Employers to attach a job description to LCs, but requires Employers…
Question 29: How many steps are there in the procedure for unilaterally terminating LCs with Employees who regularly fail to fulfil their tasks and how long does it take to finish these steps? Which step most often creates legal risks for Employers?
The current labour law does not prescribe a specific procedure for unilaterally terminating LCs with Employees who regularly fail to fulfil their tasks. However, based on the general regulations of labour law and the regulation on unilateral termination of LCs with Employees who regularly fail to fulfil their tasks, Employers should fully conduct the following…
Question 28: Employees under indefinite LCs apply for a resignation due to personal reasons and this request is approved by Employers. However, during the prior notification period of 45 days, Employees change their minds and wish to return to work. In this case, must Employers accept these Employees back to work? If Employers agree to accept the Employees back but wish to sign definite-term LCs of 1 year and the Employees also agree with this, is this option all right? If this option is not possible, what can Employers do to sign definite-term LCs of 1 year with Employees?
As prescribed by labour law, Employees under indefinite LCs may unilaterally terminate LCs in any event provided that they must notify Employers at least 45 days in advance[1]. Therefore, regardless of whether Employers agree with the Employees’ request or not, indefinite LCs will terminate upon expiry of the prior notification period of 45 days. However,…
Question 27: Upon termination of LCs, can Employers keep part of the payment that will be made to Employees or keep their SI books until they fulfil the obligations to Employers? If Employees cause damage to or do not return the properties, can Employers make deductions from the Employees’ salaries?
Employers’ responsibilities upon termination of LCs Labour law prescribes the Employers’ and Employees’ responsibilities upon termination of LCs as follows[1]: Within 7 working days from the LC termination date, the two parties must fully pay all the amounts related to the rights and interests of each party. The time limit for payment may be extended…
Question 26: Upon agreeing to terminate LCs before the term expiry, if Employers pays Employees their salaries for the remaining months until LC expiry, which payment must Employers make – one-off or monthly?
Upon agreeing to terminate LCs before the term expiry, how shall Employers fulfil their financial obligations to Employees? Under the labour law, Employers and Employees may agree on the termination of LCs[1]. Actually, when LCs are terminated, Employers and Employees will sign an agreement on terminating LC, which specifies the financial obligations Employers fulfil to…
Question 25: May Employers further sign a definite LC until the expiry of the enterprise’s operation license with Employees who have twice entered into previous definite LCs?
Under the labour law, if an LC expires and the two parties wish to sign another LC as the definite one, they are only allowed to do this one time. After that, if an Employee continues to work, a definite LC must be signed[1]. Apart from the aforesaid provisions, the labour law has no further…
Question 24: Are Employers required to sign an indefinite LC with Employees after only a single extension of the LC in the form of an appendix?
As for the extension of an LC in form of an appendix, the labour law as well as the relevant guiding documents has been not yet specified. Instead, the law only regulates the amendment of the LC term in form of an appendix instead of signing a new LC. Therefore, in practice, in order to…
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,…