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​ 

March 2, 2020
In November 2019, the National Assembly of Vietnam issued a new version of the Labor Code, which serves as the principal legislation on employment and labor relationships in Vietnam, covering domestic and foreign employers and employees. The changes found in the new law are more incremental than sweeping, and generally serve to close loopholes and clarify vague provisions in the existing Labor Code of 2012.While the new Labor Code will not take effect until January 1, 2021, employers operating in Vietnam should note the key changes now to facilitate timely implementation.
February 5, 2020
Labor disputes typically arise when one party—often the employee—feels unfairly treated, for reasons that may stretch far beyond the law, and consequently he or she will feel entitled to restitution. Thailand’s labor laws encompass several safeguards that help employers meet a standard of fairness when dealing with dissatisfied or aggrieved employees.
January 28, 2020
Tilleke & Gibbins authors have provided the latest update to the Thailand Q&A section of Doing Business in… , a Q&A-style guide published by Thomson Reuters Practical Law that presents an overview of recent legal developments affecting doing business in 59 jurisdictions worldwide. The Thailand chapter of the guide was written by attorneys from Tilleke & Gibbins and presents an overview of Thailand’s legal system and key laws applicable to foreign companies doing business in the country.
January 10, 2020
On December 30, 2019, the government of Vietnam issued Decree 99/2019/ND-CP detailing and guiding the implementation of the amended 2018 Law on Higher Education (Decree 99). Decree 99 will take effect on 15 February 2020, and sets out, among other things, conditions for the establishment of campuses in Vietnam of foreign higher-education institutions, regulations on governing boards, and the autonomy and accountability of higher-education institutions.