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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​ 

April 9, 2020
On April 8, 2020, Cambodia’s Ministry of Labor and Vocational Training (MLVT) issued an instruction to its staff not to impose any late penalties on non-Cambodian workers who want to renew their 2019 foreign work permits, but have failed to meet the initial renewal deadline, effective until further notice. The MLVT states that the instruction is intended to assist non-Cambodian workers that may not have been able to return to Cambodia to continue their work due to the global COVID-19 situation.
April 8, 2020
Vietnam’s Ministry of Labor, Invalids and Social Affairs (MOLISA) is considering a draft circular that would change regulations on working hours, including overtime, and breaks required for seasonal manufacturing workers and workers that process goods according to orders. The new regulations, if passed, would replace the current regulations under Circular No. 54/2015/TT-BLDTBXH of MOLISA, which was issued on December 16, 2015, and it is envisioned that the new regulations would come into effect on January 1, 2021.
April 8, 2020
On April 7, 2020, Cambodia’s Ministry of Labor and Vocational Training (MLVT) released an urgent notification to postpone the Cambodian New Year holiday, and require all employers and employees to treat April 13 to April 16, 2020, as regular working days. The postponement is in light of the current circumstances regarding the COVID-19 global pandemic, and presumably to prevent widespread travel during the holiday. 
April 7, 2020
Last week, the Prime Minister of Vietnam issued Directive No. 16 providing regulations on a social distancing campaign during the COVID-19 global outbreak. Later, the Prime Minister issued guidelines on issues such as which businesses may continue to operate during the campaign. Additionally, many localities, such as Hanoi, Ho Chi Minh City and Binh Duong Province, have issued their own local guidelines.