How to Resolve Disputes in Labour in Vietnam?
Both employees and employers can consult labour dispute lawyers in Vietnam to understand the labour law and protect their rights. A labour dispute is one of the most common disputes in society, in particular it means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation. In fact, labour disputes happen often, but there …
When Labour Dispute over Bonus Issue Arise and How to Resolve?
Employment bonus promise could help drive the performance for the business but sometimes disputes arise because there is discrepancy in translating how performance is met in the eye of employer and employee. According to the provisions the Labor Code, the bonus, also known as the “other supplement”, is one of the main contents of the Labor Contract. Specifically, bonus is understood as a sum of money paid by an employer to the employees on the basis of annual business results and the level of work performance of employees . When the dispute…
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New Rules on the Work Permit Granting Conditions | ANT Lawyers
This new regulations take effect from April 1st 2016. Decree 11/2016/ND-CP dated February 3rd 2016 detailing the implementation of the provisions on the granting of work permit to foreign laborers working in Vietnam. This Decree replaces the Decree 102/2013/ND-CP. Firstly, the Decree 11/2016/ND-CP (Decree 11) clearly stipulating the concept of professionals, managers and CEO. Besides the concepts of current job position, Decree 11 added the concept for other positions that foreign workers undertake. Foreign workers are considered professio…
Employer’s Obligations on Recruitment, Labor Management and Labor Declaration under | ANT Lawyers
Labour and employment compliance are continuous process which has no ending and there is no reason to stop. In order for the companies in Vietnam to improve the effectiveness of its compliance in labour and employment in Vietnam, it is always important to pay attention to the details and fix the pending matters one by one. Labour and employment lawyers in Vietnam would help the clients with a thorough reviewing process if required. The employer is required to comply with current labor regulations on recruitment procedure, labor management …
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What Are Advantages Resolving Disputes by Commercial Arbitration? | ANT Lawyers
Commercial arbitration is a method of settling disputes selected by the parties and conducted in accordance with law. Compared with other method of dispute resolution such as mediation, negotiation, court litigation, dispute resolution by commercial arbitration also has advantages and disadvantages. In accordance with Vietnamese law and international law, the method of dispute resolution by commercial arbitration also stems from the agreement of the parties on a voluntary basis. However, the difference between these methods is that the settl…
How to Send Vietnamese Workers Working Abroad Under Contracts? | ANT Lawyers
Decree No. 38/2020/ND-CP detailing the implementation of a number of articles of the law on Vietnamese workers working abroad under contracts has been signed by the Government on April 3, 2020 taking effect from May 20, 2020. This Decree prescribes the areas and jobs workers must not go to work abroad; licenses, conditions and procedures for the grant or replacement of licenses for provision of services to send workers abroad; deposits of service-providing enterprises sending laborers to work abroad; deposits, management and use of deposits of…
Penalties on Working Without Work Permit in Vietnam | ANT Lawyers
Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners. To take advantage of the opportunities to be the pioneer and market share, many of them have demand in employees with good skills and qualifications. To meet these requirements, more and more companies hire foreign workers for specific positions which might lack of human resources within Vie…
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Whom is Exempted from Work Permit Since 2021?
On December 30, 2020, the Government issued Decree No. 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees to work for the foreign employers in Vietnam. In which, foreign workers in Vietnam are not required to be granted work permits include: The employee is the owner or capital contributor of a limited liability company with a capital contribution of at least 3 billion VND; Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with a capital…
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Conditions for Foreign Experts to Work in Vietnam | ANT Lawyers
On December 30th, 2020, Decree 152/2020/ND-CP has been issued regulating on foreigners working in Vietnam and recruiting, managing Vietnamese employees working for foreign organizations and individuals in Vietnam. Decree 152 clearly defines the forms and conditions for foreign employees to be eligible to work in Vietnam, and provides conditions for exemption from work permits in Vietnam , recruitment of foreign employees, renew and re-issue work permits. According to current regulations, foreign citizens come to work in Vietnam for the purpose…
Performing Labor Contracts in the Period of Covid – 19 Epidemic | ANT Lawyers
The Covid-19 epidemic has seriously affected the development of the economy and society. The situation of businesses being spacing as well as suspension of production and service provision happens regularly in epidemic-affected localities, and that also seriously affects the life stability of employees. Because most enterprises’ financial situations get worse, so the businesses seem like they cannot guarantee income for employees. This is a force majeure and legal event, and the labor law has specific provisions to balance and ensure the inter…
What to Note When Signing Labour Contract with Foreign Workers? | ANT Lawyers
With the policy of opening the economy in Vietnam, not only Vietnam attracts investors to set up company , 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, they must sign a labor contract. After meeting the conditions specified in the Labor Code on meeting 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…
Conditions for Foreign Experts to Work in Vietnam | ANT Lawyers
On December 30th, 2020, Decree 152/2020/ND-CP has been issued regulating on foreigners working in Vietnam and recruiting, managing Vietnamese employees working for foreign organizations and individuals in Vietnam. Decree 152 clearly defines the forms and conditions for foreign employees to be eligible to work in Vietnam, and provides conditions for exemption from work permits in Vietnam , recruitment of foreign employees, renew and re-issue work permits. According to current regulations, foreign citizens come to work in Vietnam for the purpose…
Penalties on Working Without Work Permit in Vietnam | ANT Lawyers
Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners. To take advantage of the opportunities to be the pioneer and market share, many of them have demand in employees with good skills and qualifications. To meet these requirements, more and more companies hire foreign workers for specific positions which might lack of human resources within Vietnam…
Employment lawyers in Vietnam | ANT lawyers
Our employment practice at ANT Lawyers helps clients with the following: Regulatory issues: advising on regulatory issues in relation to recruitment, employment and termination of labour contracts. Employment documents: drafting, negotiating and amending labour contracts, office rules and collective labour agreements. Licensing requirements: advising on the obtaining of work permits for expatriates, registration of office rules and collective labour agreements. Labour dispute: mediating and reconciling labour disputes, representing clients be…
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