Faqs for labor law in Vietnam.
When foreign investors set up a company in Vietnam, they will recruit the employee, thus, S&B Law provide some information about the labor law in Vietnam for investor’s reference. The form will be FAQs: What is the legal limit for overtime hours per month in Vietnam? -Maximum is 30 hours per month and not over […]
Review and registration of the Internal Labor Rule in accordance with Vietnam labor Law
On 18 June 2012, after many drafts and much discussion, the long-awaiting amended Labor Code has adopted by Vietnam National Assembly with a large number of notable changes regarding to labor management policy in Vietnam (hereinafter referred to as “New Labor Code”). At the moment (November 2013), the New Labor Code has come into effective […]
Termination labour contracts of redundant employees due to organizational restructure in Vietnamese company
In case foreign invested company in Vietnam (FIC) shall have to consider terminating employment of a number of redundant employees due to organizational restructure. Under Vietnam Labour Law, this shall be considered as labour contract termination for the reasons of restructuring of company business. Thus, due to the complicated nature of the work, labour matters […]
Employee working in Household
Articles 179 to 183 of the Labor Code deals with the provisions related to employees working in the household. Under law, the term housework includes but not limited to housework, housekeeping, child care, patient care, driving, gardening and other work but not related to the commercial activities. The employee working in the household shall be […]
Salary in the labor contract
The salary of the employee includes the salary rate based on the work, allowance and other additions, if any. The salary rate of the employee should not be lower than the minimal salary rate prescribed by the Government. The employer shall not entertain any gender discrimination as to salary. The employer and the employee can […]
Brief outline of the provisions of labor laws relating to the rights of employees
The Labor Code 2012 of Vietnam, which is the prescribed law in the territory of Vietnam, specifies the rights, obligations and responsibilities of the employers and the employees. This Code is applicable to the following: a. The Vietnamese employees, apprentices, interns and other employees b. The employers c. Foreign employees working in Vietnam d. Other […]
Social insurance under the Labor Code of Vietnam
The Labor Code is applicable to both employers (enterprises, agencies, organizations, co-operatives, etc.) and employees (Vietnamese and foreign employees). The employer is entitled to employ labor directly or via employment services or outsourcing service providers. Further under the law, the employer is responsible to implement the law provisions on social insurance. The law requires that […]
Establishment of the primary trade union of the enterprise, a necessary point
What is the necessity of the establishment of the primary Trade Union? In the recent statistics of the Vietnam Federal Confederation of Labor, there are 60% of the foreign-owned Enterprises and 80% private-owned Enterprises having no primary Trade Union. In practice, the lack of the establishment or the effective operation of the primary Trade Union […]