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September 15, 2016

PLC Employment and Employee Benefits Global Guide 2016/17 – Vietnam Chapter

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Practical Law Company

Employment and Employee Benefits 2016/17, published by Practical Law Company, provides an overview of employment and employee benefits in 32 jurisdictions worldwide. The Vietnam chapter of the guide, written by Kien Trung Trinh and Annika Svanberg, lawyers at Tilleke & Gibbins, covers the following subjects in detail:

  • Scope of Employment Regulations: Laws applicable to foreign nationals and nationals working abroad, including the 2012 Labour Code and Decree 11/2016/ND-CP.
  • Employment Status: Classes of employees under the Labour Code, including junior workers, senior workers, disabled workers, and female employees, and providing services as an independent contractor under the 2005 Civil Code and the 2005 Commercial Law.
  • Recruitment: Incentives and filings including information an employer must provide to an employee such as the work to be performed, working hours, rest breaks, rates of wages, method of payment of wages, and confidentiality provisions, among others.
  • Permission to Work: Obtaining a visa and a work permit to work in Vietnam, including procedures, time frames, sanctions, and costs.
  • Regulation of the Employment Relationship: Written employment contracts and required terms such as provisions on work to be performed, wages, working hours, rest breaks, holidays, social and health insurance, and training and skills improvement, among others.
  • Illness and Injury of Employees: Entitlement to paid time off under normal working conditions and hazardous conditions, and entitlement to unpaid time off.
  • Discrimination and Harassment: Protection from discrimination and harassment, procedures to make a labor complaint, and making a labor denunciation.
  • Termination of Employment: Notice periods, severance payments, procedural requirements for dismissals, protection against dismissal, and protected employees.
  • Redundancy and Layoffs: Procedural requirements, pay, and collective redundancies.
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