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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​ 

September 10, 2013
Partner Pimvimol (June) Vipamaneerut and consultant David Duncan of the Tilleke & Gibbins corporate and commercial group, have coauthored the Thailand chapter of How to Hire and Fire (3rd Edition). Published by Multilaw, this guide looks at key issues relating to labor and employment law in Thailand, such as:
August 30, 2013
In the February issue of Informed Counsel, we discussed labor outsourcing, a new form of labor supply for Vietnam, introduced by the new Labor Code. While labor outsourcing did exist in practice in Vietnam before the new Labor Code came into force on May 1, 2013, it had been technically illegal until legislation relating to it was introduced.On May 22, 2013, the Vietnamese Government issued Decree No. 55/2013/ND-CP detailing the new Labor Code’s provisions on labor outsourcing. The key points of Decree 55, which took effect on July 15, 2013, are discussed below.
August 9, 2013
Many companies have labor unions and employee committees, but few fully understand the potential significance or impact of these organizations. Unfortunately, even fewer understand the possible legal ramifications of taking disciplinary action against employee committee members.Employers may face severe criminal penalties if they violate an employee committee member’s rights, and so it is vital for them to understand these principles before taking any form of disciplinary and/or obstructive action against an employee committee member.
August 7, 2013
When an employee is employed by more than one company and thus holds multiple labor contracts in Vietnam at the same time, employers often have questions about how to handle the employee’s compulsory insurance contribution. Decree No. 44/2013/ND-CP, which came into effect on July 1, 2013, clarifies how compulsory insurance will be paid for employees with multiple labor contracts: