Luật sư Nguyễn Hữu Phước

The current labour law has not specified the other reasons for which Employees are paid for the unused annual leave days other than the reasons of resignation or loss of jobs[1]. By reference to the former regulations guiding implementation of the 1994 Labor Code on working hours and break time[2], Employees will be paid for…

The applicable labour law does not govern the procedure for conducting an internal investigation when Employers need to investigate or verify Employees’ acts before deciding on a disciplinary action. Therefore, depending on the operations of each enterprise, Employers will build their own procedures for conducting an internal investigation, provided that these procedures are not against…

Pursuant to Article 172 of the Criminal Procedure Code, the criminal investigation time limit is not more than 2 months for less serious crimes, 3 months for serious crimes, and 4 months for very serious and extremely serious crimes counting from the date of prosecution to the end of the investigation. If the case is…

As prescribed by labour law, competent state authorities can investigate Employees who commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological know-how, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage to the Employer’s properties and interests. Pending…

Pursuant to Article 124.1 of the Labor Code,       the maximum statute of limitations for handling violations of labour disciplines is 6 months from the date of violation; as for the case of violation directly related to Employers’ finance, properties, technological know-how, business secrets, the same is 12 months at maximum. Other than the said regulation,…