Luật sư Nguyễn Hữu Phước

Pursuant to Article 128.3 of the Labor Code, Employers are prohibited from imposing disciplinary actions on the acts that are not specified in the ILRs. According to labour law, the ILRs are required of Employers who hire 10 or more Employees, which specify the conducts breaching labour discipline, labour disciplinary actions, and other material responsibilities[1]….

Regarding this matter, labour law now does not have specific regulations and there are conflicted opinions. In this case, there is a point of view that Employers will not have to pay for the unused annual leave days because Article 111.2 of the Labor Code has granted Employers “the right to determine the annual leave…

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…