Why labour contract is needed?

With the global geographical tension, and uneven recovery from pandemic, there are weaker demands on employment.  Sometime, there are negligence between parties to engage in tasks that have the nature of employment without proper agreement and labour compliance.  Labour lawyers in Vietnam share the following opinions for reference.

With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company in Vietnam, but also the demand for foreign workers in enterprises grows and diversifies. However, in order for Vietnam companies to be able to use foreign workers legally, they must sign a labor contract.  

After meeting the conditions specified in the Labor Code on the requirements for recruitment and working in Vietnam, the foreign worker working in Vietnam shall sign a labor contract before the expected date intend to work for the employer. In this contract, the employer and the foreign worker will agree on all issues arising in the process of working as well as using labor together.  

What to include in labour contract?

Firstly, on the working position in the labor contract, it must show the correct position and position for which the employer has determined the needs with the competent authority and in accordance with the working position shown in the document and the work permits which have been granted to foreign workers.

Regarding the working time, it will normally be agreed upon by the two parties but must not exceeding the number of working days (hours) as prescribed by Vietnamese law. The number of overtime hours must be based on voluntary work and must ensure rest time, rest during working time and weekends for foreign workers.

According to the provisions of the Labor Code, in addition to Vietnamese public holidays and New Year’s holidays, foreign workers are allowed to take one more day off for the national traditional New Year and one national day of the country. This is a humane regulation, respecting the national culture of Vietnam. Therefore, the employer needs to learn about the National Day and the traditional Tet holiday of foreign workers so that the employees can take leave in accordance with the provisions of the law.

Regarding the term of the labor contract, the term of the labor contract for foreigners is also governed by the duration of the work permit issued by the competent Vietnamese authority. Accordingly, the term of the labor contract for foreign workers working in Vietnam must not exceed the term of the work permit. Therefore, the employer should pay attention to conclude the contract term in accordance with regulations.

In addition, employers and foreign workers should be aware of the terms of disputes which could potentially arise. Because, contract terms are an important legal basis to resolve when a labor dispute arises, agreeing in advance on how to resolve a dispute when a dispute arises will create a clear legal foundation for easy settlement by both parties.  Dispute lawyers are suggested to be consulted at an early stage to avoid dispute escalation.

How labour lawyers in Vietnam could help?

At most, it is important that the employers and foreign workers need to pay attention and strictly comply with the provisions of the law so that the process of entering into and performing the contract is conducted smoothly and in compliance with the law in Vietnam.  Labour lawyers in Vietnam would help advise, review labour contract to ensure it complies with the labour codes and protect the rights of parties involved.  

ANT Lawyers, a labour law firms in Vietnam, always follow up the labour matters to update clients on regular basis. We also advise client on doing business in Vietnam in general.  

Source: https://antlawyers.vn/library/what-to-note-when-signing-labour-contract-with-foreign-workers.html

What is labour discipline in Vietnam?

Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations.  But how to ensure the employer could apply the right labour discipline?  Many employers only seek consultation from lawyers at labour law firms in Vietnam for guidance when it is too late.

In general, it can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action.

The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both employer and employee should consult with dispute lawyers at labour law firms in Vietnam for advice to protect their best interests.

What are order of disciplining employee in Vietnam?

Firstly, the employer must confirm the employee’s violations

In the cases where an employee found committing a violation, the employer shall issue an offence notice, inform the employee representative organization (or the employee’s parent or legal representative if the employee is under 18) in order to hold a disciplinary meeting.

Secondly, issuing notice of the disciplinary meeting

This step is only carried out in case the employer detects violations of labor discipline after the time when the violation has occurred, there are sufficient grounds to prove the fault of the employee and the statute of limitations for disciplining.

The employer sends the notice with the content, time and place of the meeting to handle the labor discipline to the organization representing the labor collective at the grassroots level; workers; In the case of a person under 18 years old, there must be the participation of a parent or legal representative.

The employer must ensure these recipients receive notice before the meeting takes place and conduct a labor discipline meeting with the participation of the notification components.

Thirdly, conducting a disciplinary meeting

It is mandatory to have the minutes of the disciplinary meeting, which have to be approved by the participants before the end of the meeting. The minutes shall bear the participants’ signatures. If any participant that refuses to sign the minutes, there should be explanation.

Fourthly, disciplinary decisions

The person that concludes the employment contract on the employer’s side also has the power to issue the disciplinary decision. The disciplinary decision shall be issued before expiration of the original or extended time limit for penalty imposition specified the labour code.

The disciplinary decision shall be sent to the employee (or his/her parent or legal representative if the employee is under 18) and the employee representative organization.

How lawyers at labour law firms in Vietnam could help?

Lawyers at labour law firms in Vietnam will be able to assist through out the process at an early stage of the potential labour disputes for either employer or employee to protect the justice, and to protect the best interests of parties involved through making sure that all procedures have to follow the regulations of labour code.  When there is a sign of violation, the employment lawyers at labour law firms in Vietnam will help advise and represent to achieve the suitable resolution based on the scenarios arisen.   

Source: https://antlawyers.vn/library/what-are-the-order-of-disciplining-employee-in-vietnam.html