Luật sư Nguyễn Hữu Phước

1.Are Employers entitled to unilaterally terminate the CLA if they no longer afford to pay Employees benefits according to the CLA? Pursuant to Article 73.1 of the Labor Code, a CLA is a written agreement between the labour collective and any Employer on labour conditions that the parties have achieved through collective bargaining in which…

Pursuant to the Labor Code, Employers are not required to conduct the procedures for registering salary scales, payrolls and CLAs, instead only send them to state management agencies, immediate senior trade unions or Employers’ representative organisations. The procedure for submitting salary scales, payrolls and collective labour agreements is as follows: 1.Regarding CLAs: Within 10 working…

1. Do enterprises need ILRs Pursuant to Article 119 of the Labor Code, when enterprises use 10 or more Employees, they must issue written ILRs and perform ILR registration procedures with competent local labour authorities for its validity. Thus, in cases where an enterprise employs less than 10 Employees, the law does not require enterprises…

Must the Employer establish a health department when employing 500 Employees or more? Pursuant to the Law on labour safety and hygiene, the Employer must assign personnel to medical duties or establish the health department which is responsible for taking care of the Employee’s health based on scale, nature of work, labour accident risks, occupational…

The safety conditions on fire prevention and fighting that are required of head-offices Pursuant to the Law on fire prevention and fighting which is guided by Decree 79/2014/NĐ-CP, head offices of professional agencies and enterprises with 5 floors and above or with the capacity of 5,000 m3 and above fall into the category of premises with…