Question: I would like to ask how overtime wages for employees are calculated. What is the maximum allowable overtime working time for employees? Answer: According to Article 98 of the 2019 Labor Code, it is provided that: “Overtime pay and night work pay 1.Employees working overtime shall be paid based on the unit wage or […]

Question: Under Vietnamese law, how long is an enterprise required to retain labor-related documents (such as labor contracts, payroll records, personnel files, etc.)? Are there different retention periods for different types of documents? Answer: Regarding the retention period for labor documents, after reviewing the current legal regulations, SB Law clarifies the applicable timelines as follows: […]

Question: From what I understand, in Vietnam, the third fixed-term contract should transition into an open-ended contract. However, I’m not sure if this applies to foreigners as well. Answer:   In accordance with Article 151.2 of the Labor Code 2019, the duration of a labor contract for a foreign employee must not exceed the validity […]

Question: Our company is currently reviewing personnel records in order to proceed with the termination of certain 2-year fixed-term labor contracts that are approaching their expiry date, as the company no longer has a need to continue employing these workers. However, during the review process, we identified two cases in which employees had signed fixed-term […]

Question: My company is adjusting the process of handling violations of labor regulations, including applying a number of document templates as follows: 1.Coaching form: For light violations, a verbal warning is required. 2.Warning Letter: For medium level violations, a written warning is applie 3. Performance Improvement Plan: For more serious violations, apply demotion or delay […]