Luật sư Nguyễn Hữu Phước

Overtime salary for public holidays Pursuant to the labour law, Employees are entitled to leave work for 10 days during the following holidays and New Year holidays[1]: (i) one day for Solar New Year (1 January); (ii) five days for Lunar New Year; (iii) one day for Victory Day (April 30th); (iv) one day for…

Currently, the Labor Code and the guiding documents do not have specific regulations as to whether the probationary salary paid to Employees may be lower than the area minimum wage. The Labor Code only stipulates that the probationary salary is agreed upon by the two parties but must be at least equal to 85% of…

Article 19.2 of the Labor Code stipulates that Employees must provide Employers with the information on their name, age, gender, place of residence, educational level, occupational skill level, health status and other matters directly related to the conclusion of LCs (“Personal Information”). Accordingly, the collection of Personal Information in accordance with the law is only…

Pursuant to the labour law, Employers and Employees may agree to choose one of the following forms of salary: (i) cash; or (ii) transfer via personal account of Employees opened at the bank[1]. On the other hand, according to the current foreign exchange law, cheques are defined as valuable papers drawn by any drawer who…

Pursuant to labour law[1], Employers are prohibited from applying the form of fines, salary cut instead of LD action. Accordingly, the deduction of salaries due to going to work late is a violation of labour law. In order to handle this case in accordance with the labour law, Employers may stipulate the conduct of going…