Luật sư Nguyễn Hữu Phước

1.Are Employers required to prove any material damage when Employees disclose the enterprise’s confidential information on the social network? First, it should be made clear that the term “confidential information” is not currently covered or explained in the Labor Code and its written guidelines on implementation. Article 126.1 of the Labor Code only refers to…

Pursuant to the current labour law, Employers have the right to apply one of the following four forms of labour discipline if Employees commit an act of violation specified in the internal labour regulations of the enterprise including reprimand, salary raise prolongation of less than 06 months, removal from office and dismissal. For the form…

The current labour law does not contain regulations governing the use of media and social network within the enterprise. This leads to the fact that many local labour agencies are rather hesitant in guiding enterprises to develop internal labour regulations related to these contents. For enterprises to take the initiative in preventing risks before the…

Pursuant to Article 42.2 of the Labor Code, if there is no longer the positions or the jobs as agreed in LCs but Employees still wish to work, in addition to the compensation as regulated, the two parties will negotiate to amend or supplement the LCs. Otherwise, the parties will continue to execute the signed…

1.If the LC term has expired, must Employers accept Employees back to work? If Employers must accept Employees back to work, the duration of work is from the time of unilateral termination to the expiration date of LCs, isn’t it? Pursuant to Article 42.1 of the Labor Code, when unilaterally terminating LCs against labour law,…