Luật sư Nguyễn Hữu Phước

The Labor Code and its applicable guiding documents do not have any regulation to govern the contents of job descriptions and the criteria for evaluating the task completion level, which serves as a basis for Employers to consider the unilateral termination of LCs. Therefore, the contents of job descriptions and the criteria for evaluating the…

From the legal perspective, labour law only regulates generally that Employers must prescribe the criteria for evaluating the task completion level in the enterprises’ regulations after consulting the grassroots labour collective representing organisation, but does not give instructions about how to build the criteria for evaluating the task completion level achieved by Employees. So, each…

In practice, there are many cases where Employers and Employees only agree on the positions or titles which are specified in LCs, and do not include a description of the tasks that Employees must fulfil. From the legal perspective, labour law does not require Employers to attach a job description to LCs, but requires Employers…

The current labour law does not prescribe a specific procedure for unilaterally terminating LCs with Employees who regularly fail to fulfil their tasks. However, based on the general regulations of labour law and the regulation on unilateral termination of LCs with Employees who regularly fail to fulfil their tasks, Employers should fully conduct the following…

As prescribed by labour law, Employees under indefinite LCs may unilaterally terminate LCs in any event provided that they must notify Employers at least 45 days in advance[1]. Therefore, regardless of whether Employers agree with the Employees’ request or not, indefinite LCs will terminate upon expiry of the prior notification period of 45 days. However,…