Luật sư Nguyễn Hữu Phước

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…

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…