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

Subscribe to Updates
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.

Practices

Employment

Locations

RELATED INSIGHTS​ 

July 19, 2018
Partner Kien Trung Trinh, from Tilleke & Gibbins’ Hanoi office, authored the Vietnam chapter of Practical Law’s Employment and Employee Benefits Global Guide 2018. The latest edition of the popular handbook provides a comparative overview of labor law in 30 jurisdictions worldwide, from China to Gibraltar. Tilleke & Gibbins also contributed the Myanmar chapter of the guide.
Read More
July 9, 2018
The People’s Court of Ho Chi Minh City was recently requested to overturn an arbitral decision by the Vietnam International Arbitration Center (VIAC) relating to a non-competition clause. In the end, however, the court ruled that VIAC’s decision was correct, thus upholding a non-compete clause signed between a company and its employee. The decision represents one of the first times in Vietnam in which the enforcement of a non-compete clause was tested. Although it is not a legally binding precedent, it does show that non-compete clauses can potentially be upheld in Vietnam.
Read More
June 5, 2018
As Thailand gradually transforms into an ageing society, the potential economic and social burden of retiring workers is one issue that is likely to be on the minds of many employees, employers, and policymakers.New amendments to Thailand’s Labor Protection Act have addressed this issue by introducing a retirement regime for the Thai private sector employees, placing severance obligations on employers, enhancing protection for employees, and creating a more effective framework for enforcement of labour laws.
Read More
May 25, 2018
The National Committee on Minimum Wage issued Notification 2/2018 (the Notification) on May 14, 2018, which enters into force on the same date and sets the new minimum wage in Myanmar to be MMK 600 (approximately USD 0.45) per hour and MMK 4,800 (approximately USD 3.6) per eight-hour workday, irrespective of the type or location of work. This new minimum wage increase does not apply to small and family-owned businesses with less than 10 employees.
Read More