You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 25, 2021

How to Hire and Fire: A Global Guide 2021 – Cambodia, Myanmar, Thailand, Vietnam

Multilaw

Multilaw has published the latest edition of How to Hire and Fire, a guide to the rules and regulations governing employment relationships in over 90 jurisdictions around the world. Lawyers at Tilleke & Gibbins prepared the Cambodia, Myanmar, Thailand, and Vietnam chapters of the guide, which covers the following main topics:

  • General principles: Forums for adjudicating employment disputes, main sources of employment law, employees working for foreign companies in Cambodia or abroad for domestic companies, and data privacy.
  • Hiring the employee: Legal requirements for employment agreements, types of agreement, secrecy and confidentiality, ownership of inventions and other IP rights, pre-employment considerations, hiring of non-nationals, hiring specified categories of individuals, and outsourcing and sub-contracting.
  • Maintaining the employment relationship: Changes to the contract, changes in business ownership, social security, accidents at work, discipline and grievances, harassment, discrimination, equal pay, compulsory training obligations, offsetting earnings, maternity and disability leave, insurance, absence for military or public service duties, trade unions, employee strikes, and employers’ liability for actions of employees.
  • Firing the employee: Procedures for terminating employment agreements, instant dismissal, employee resignation, termination on notice, age-related termination, force majeure automatic termination, collective dismissals, termination by agreement, directors and senior officers, rules for companies facing financial difficulties, restriction of future activities, whistleblowers, garden leave, severance payments and tax considerations, allowances, and time limits for post-termination claims.
  • General: Specific matters unique or important to each jurisdiction.

Multilaw is a global network of carefully selected, independent law firms consisting of over 10,000 commercial lawyers in more than 100 countries, able to provide expert legal advice in complex environments around the globe.

The full guide is available for free on the Multilaw website.

RELATED INSIGHTS​ 

May 20, 2021
Due to the resurgence of COVID-19 in Thailand since March 2021, the Cabinet has approved new reductions in employers’ and employees’ mandatory contributions to the Social Security Fund (SSF). Contribution rates will be calculated as a percentage of each employee’s monthly wages, based on a minimum and maximum monthly wage that will be confirmed in the formal regulation published in the Government Gazette. Effective May 18, 2021, the new contribution rates for mandatory SSF contributions approved by the cabinet are as follows: From June 1 to August 31, 2021 From September 1, 2021, onward The approval of the cabinet will now be considered by the Office of the Council of State. Thereafter, the new regulation will be published in the Government Gazette before formally coming into effect. For more information on this issue, or any other aspect of labor law in Thailand, please contact Chusert Supasitthumrong at +66 2056 5793 or [email protected].
May 10, 2021
Attorneys from Tilleke & Gibbins’ offices in Myanmar, Thailand, and Vietnam have contributed chapters on labor law in these jurisdictions to the Global Employment Law Guide, published by Lex Mundi. The guide provides answers to key employment-related legal questions in 57 jurisdictions around the world, with all entries provided by member firms in the global Lex Mundi legal network. Each chapter contains in-depth information on the jurisdiction’s legal framework governing employment relationships, including coverage of the following topics: Employment categories and contract types Employee rights and protections Employment termination Leave and social benefits Restrictive covenants COVID-19 vaccination mandates and post-pandemic workplace reopening Readers can browse the contributions, generate country-specific reports, and compare attorney-client privilege in multiple jurisdictions. For more information, please visit the Lex Mundi website.