Luật sư Nguyễn Hữu Phước

From the legal perspective, Employers must consult the TUEC when: (i) building the labour use option if the restructuring affects the employment of 2 or more Employees; and when laying-off 2 or more Employees. However, Employers are only obliged to consult the TUEC instead of being obliged to get its approval. Nevertheless, unfavourable opinions from…

In order to have an effective cooperation in laying-off Employees due to restructuring, outside lawyers, in-house counsels and human resources managers need to cooperate with each other in all the steps of a restructuring process, and should be aware of the following issues: In-house counsels and human resources managers should provide outside lawyers with as…

In this case, the management board can consider the following approaches: Step 1: In a gentle manner, the enterprise’s representative can meet these Employees to convince them to remove that information from the social networks or mass media, and have a talk to make them understand that the termination is consistent with labour law, and…

In the restructuring procedure, there are two steps for which labour law prescribes specifically in terms of time, including: The termination of LCs with many Employees due to restructuring reasons can be done after Employers have consulted the labour collective representing organisation and must give a 30-day prior notice to the provincial labour management agency….

Article 44 of the Labor Code and Article 13.3 of Decree 05/2015/NĐ-CP prescribes that if a restructuring affects 2 or more Employees, Employers are obliged to build and implement a new labour use option as prescribed in Article 46 of this Code; if there are new positions, Employers should, as a priority, re-train those Employees…