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Due to the unique economic, social, and political characteristics, labor laws in Vietnam differ from those in other countries. This creates challenges for foreign individuals and organizations who are employers. So, what are the regulations on employment in Vietnam? What should foreign employers pay attention to?The Labor Lawyers at LHB Law Firm will address all legal issues related to employment in Vietnam. If you need to use our labor lawyer services, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
MỤC LỤC
Regulations on Employment Contracts
A contract is an agreement between parties regarding the establishment, modification, or termination of civil rights and obligations. An employment contract is an agreement between the employee and the employer about work, compensation, and the rights and obligations of both parties in the employment relationship.
The establishment of an employment contract must be based on the principles of voluntariness, equality, good faith, cooperation, and honesty. Employment contracts are divided into two main types: fixed-term contracts and indefinite-term contracts.
During the execution of an employment contract, the parties must adhere to the terms of the contract. In addition to the terms in the contract, the parties must also comply with the provisions of the Labor Code regarding employment.
An employment contract terminates either when the term expires or by mutual agreement of the parties. The parties have the right to unilaterally terminate the employment contract under circumstances specified by law. If unilateral termination of the contract violates the law, the parties will be subject to penalties and compensation for damages (if any).
If you need to use our labor lawyer services, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
Here is the translation for the text on regulations regarding labor regulations:
Regulations on Labor Rules
Labor rules are documents issued by the employer that outline the key aspects of labor management. Labor rules must be made public to employees and registered with the labor management authority.
Employers are required to establish labor rules if they employ 10 or more workers. The labor rules should include the following main contents:
- Working hours and rest periods.
- Order and conduct at the workplace.
- Safety and hygiene at work.
- Prevention of sexual harassment at the workplace, including procedures for handling such behavior.
- Protection of the employer’s property, business secrets, technological secrets, and intellectual property.
- Conditions under which employees may be temporarily assigned to different work than specified in their employment contracts.
- Disciplinary violations and the corresponding disciplinary measures.
- Material responsibility.
- Authority responsible for handling labor discipline.
The labor rules take effect 15 days after the relevant government authority receives the complete registration dossier. For employers with fewer than 10 employees, the effectiveness of the labor rules is determined by the employer in the document.
Contact to Labor Lawyer LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
Collective Bargaining Agreements
A collective bargaining agreement is an arrangement between a representative of the employees, which may be all or the majority of employees working in a company, or even in a particular industry or region, aimed at setting out framework regulations to govern labor relations. This agreement is expressed in writing. Collective bargaining agreements have the following characteristics:
- A collective bargaining agreement results from a process of collective negotiation.
- It functions as a framework contract and is mandatory for the parties involved in the agreement.
- The content of the agreement usually relates to issues such as working conditions, rights, and obligations of the parties involved in the labor relationship.
- Collective bargaining agreements are typically documented in writing.
A collective bargaining agreement is invalid if its content violates the law. The entire agreement is considered invalid in the following cases:
- The entire content of the agreement violates the law.
- The signatories do not have the proper authority.
- The agreement does not adhere to the proper negotiation and signing procedures.
If you need advice on labor regulations or collective bargaining agreements, please contact LHB Law Firm at Hotline: +84.969.088.118 (Zalo).
Legal Regulations on Trade Unions
A trade union is an organization representing employees. Trade unions are established voluntarily and legally, with their own legal status and operational mechanisms. Trade unions represent the collective employees in establishing relations and performing certain actions to protect their legitimate rights and interests. Trade unions have the following characteristics:
- Political Organization: Trade unions are a member of the political and social system of Vietnam, under the leadership of the Communist Party of Vietnam.
- Social Organization: Employees join trade unions voluntarily. Trade unions operate with the goal of caring for and protecting the legal rights and interests of employees.
- Professional Organization: Trade union members can include employees working in various professions across different economic sectors.
Trade unions play a crucial role in ensuring the legal rights and interests of employees. The establishment and organization of trade unions are important aspects of labor management.
For consultation on establishing trade unions in Vietnam, please contact our lawyer at Hotline +84.969.088.118 (Zalo).
Legal Regulations on Occupational Safety
Occupational safety involves measures to prevent and mitigate the effects of hazardous factors to ensure that no injury or death occurs during the work process. Occupational health refers to measures that prevent and mitigate the impact of harmful factors that cause illness or reduce the health of individuals during work.
Occupational safety and health not only affect the safety of workers but also impact work efficiency and productivity. Occupational safety encompasses all measures aimed at protecting the life and health of workers by providing a safe working environment, free from hazards that could cause injury or death to workers and those around them.
Employers are responsible for implementing all necessary measures to ensure occupational safety and health at the workplace. Workers are required to comply with regulations, rules, procedures, and requirements regarding occupational safety and health; adhere to the law; and be knowledgeable and skilled in safety and health measures at their workplace.
If your business needs consultation on compliance with and ensuring occupational safety and health, please contact LHB Law Firm at Hotline +84.969.088.118 (Zalo).
Legal Consulting Services for Labor Use in Vietnam
LHB Law Firm is a reputable legal consulting firm specializing in labor law in Vietnam. We currently offer various labor consulting services, including:
- Consulting on drafting, reviewing, and signing employment contracts.
- Advising on legal compliance during the execution of employment contracts.
- Consulting on terminating employment contracts in accordance with Vietnamese law.
- Advising on the establishment of trade unions, labor regulations, and collective bargaining agreements.
- Consulting on issues related to insurance, occupational safety, and health.
- Advising on labor discipline, including procedures, processes, and authority for handling labor discipline.
With a team of knowledgeable and experienced lawyers and legal professionals, LHB Law Firm can provide expert advice and support to help clients resolve legal issues arising during labor management. By using our labor law services, clients can minimize risks in labor management, ensuring smoother and more effective business operations, which in turn can enhance economic efficiency.
Contact Labor Lawyer at Hotline +84.969.088.118 (Zalo).
