Luật sư Nguyễn Hữu Phước

Pursuant to Article 3.2 of the Labor Code, Employers include enterprises, agencies, organisations, cooperatives, households, individuals that use labourers under LCs. Therefore, enterprises that are not established under the Vietnamese law or do not directly use labourers such as corporations or parent companies abroad will not be considered as the Employers who are governed by…

Currently, labour law only prescribes the investigation authority of state agencies for the case where Employees 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…

1.If a person has been prosecuted for the crime of violating the gender equality right pursuant to Article 165 of the Penal Code, will they still be disciplined from the perspective of labour law? Criminal penalties and labour disciplinary actions are of two different categories prescribed in two different Codes, the Penal Code and Labor…

Pursuant to Article 128 of the Labor Code, one of the preconditions for Employers to impose disciplinary actions on Employees is to prescribe their violations in the enterprise’s ILRs. In addition, if Employers hire 10 or more Employees, the ILRs must be made effective by way of registering them with the local labour management agency….

1.How are the welfare policies regulated? Normally, the enterprise’s welfare policies are included in the CLA. For convenience in establishing these policies, Employers may refer to the contents in the following table which can be revised to meet the specific policies of each company and comply with law: Note: Employees who have worked for the…