why labor law attorney is essential in vietnam

Lawyer in Vietnam Oliver Massmann Labor law Introduction The Vietnamese labor law is oriented employee-friendly to the greatest extent and in most cases is interpreted to the disadvantage of the employer. It has an effect particularly in labor law-related disputes which are in most cases decided in favor of the employee.

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Why hire a lawyer in Vietnam?

Jan 29, 2015 · Lawyer in Vietnam Oliver Massmann Labor law. The Vietnamese labor law is oriented employee-friendly to the greatest extent and in most cases is interpreted to the disadvantage of the employer. It has an effect particularly in labor law-related disputes which are in most cases decided in favor of the employee.

Do international attorneys have the power to advise people in Vietnam?

The team provides the effective & efficient legal advice to businesses. Updated well with the trend & changes of labour law and labour cases. The team is proactive and innovative in providing and communicating with clients in the pandemic.’ ‘Partner Thuy Hang Nguyen is a high profile individual in the labour and employment area. She has both international and local experience …

What are the labor laws in Vietnam for foreign investors?

For nearly 20 years we have been leader in the Labour & Employment practice, developing and expanding the principles of labour & employment law in Vietnam, acting at the forefront of negotiations and settlements, and arguing cases at every level of courts in Vietnam. Our Employment & Labour practice is experienced in both employer and employee-side …

What are the labour disputes in Vietnam?

Check on Lawyer Fees/Charges. Lawyer fee is also a paramount factor to look into before hiring any lawyer in Vietnam. While some may tell you that cheap is expensive and that a high priced lawyer is always the best, it is essential to pick on a lawyer that you can afford.

Does Vietnam have good labor laws?

Vietnamese labour law allows the employer, based on its own production requirements, to arrange for employees to work in shifts. However, the legal requirements on working hours, rest breaks, overtime and so on must be complied with. Rest Periods Between Working Days.

What are the provisions of the law of Vietnam regarding foreign employees?

According to the Vietnam labor law, any foreign employee working on behalf of companies operating in Vietnam must be provided with a work permit, (such as head of a representative office or subsidiary established in Vietnam, foreign lawyers who have a certificate of practice of the legal profession in Vietnam, ...

Is 13th month salary compulsory in Vietnam?

Bonuses. A 13 month bonus is not legally required in Vietnam, but most employers provide a 13th month bonus, annual bonus or commission plan. The 13th month bonus is typically offered to employees that have worked for a company for more than 1 year, or is prorated based on length of employment.

How do I terminate an employee in Vietnam?

For unilateral termination of employment by an employer (when permitted by law), the employer must provide advance notice to the employee within the minimum statutory time limit. Employees who resign are also required to give advance notice to their employers within the minimum statutory time limit.Jul 1, 2021

What is labor contract?

noun [ C ] HR, LAW US. (also labor agreement) an agreement between management and the employees of a company or organization about salary, working conditions, etc.: The union negotiated a labor contract with the company a year ago.Feb 23, 2022

How many types of labour law are there?

There are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work.

What is minimum wage in Vietnam?

4650.00 VND Thousand/MonthIn the long-term, the Vietnam Minimum Wages is projected to trend around 4650.00 VND Thousand/Month in 2022 and 4840.00 VND Thousand/Month in 2023, according to our econometric models.

How many hours do people work in Vietnam?

Currently, Vietnam has a legal work week of 48 hours. This means people are expected to work six days a week, for eight hours a day. Nhan says it is common for many workers to spend much longer on the job than the current legal limit.Dec 14, 2019

Are there labor unions in Vietnam?

Trade unions already exist in Vietnam, but they all affiliated to the Vietnam General Confederation of Labour (VGCL), a body linked to the Communist Party and therefore disinclined to support actions that upset the government. “At present the unions work for the Party.Feb 18, 2020

What is notice period in Vietnam?

The notice period is 45 days for an indefinite-term contract; 30 days for definite-term, and three days for seasonal.

What is the meaning of severance package?

A severance package is a bundle of pay and benefits offered to an employee upon being laid off from a company. The receipt of a severance package is contingent upon signing a severance agreement.

Is maternity leave paid in Vietnam?

Female employees are entitled to a 6-month leave; female employees who give birth to twins or more infants shall be entitled to an additional leave of 1 month for each infant from the second. Moreover, employees adopting an under-6-month child are entitled to a maternity leave until the child reaches full 6 months.Jun 22, 2021

🛂 Divorces, Vietnamese nationality, obtaining a passport

Depending on your case, it can be interesting to have an English speaking lawyer or to be helped by a local Vietnamese lawyer who knows the rules i...

🏡 Property, ownership and set up of a vietnamese company

As land ownership is not allowed for foreigners in Vietnam, it is possible to set up a company that owns the land. Owning a 100% foreign-owned comp...

💰 Hire the services of a lawyer for legal advice

We work with Vietnamese law firms that are small but knowing the main common problems our customers are facing. This allows us to advise them and o...

🧐 Understanding – Language barrier – Lawyers’ services

In Vietnam more than anywhere else, you may receive different solutions for the same problem. It is sometimes disturbing not to know if the solutio...

What is ATS law firm?

ATS Law Firm 's labour practice advises clients on transactional and dispute resolution matters pertaining to employee exits as well as a range of non-contentious employment work. Vu Thi Thu Ha leads the group and acts for state-owned companies and international investors.

Who is Mark Fraser?

Practice head Mark Fraser acts for foreign investors and companies on labour legislation compliance, contractual work, and on the employment law implications of transactions. Justin Gisz is also active, and employee-employer IP ownership disputes remain a strength of the team.

Is the internet a good resource for lawyers?

One thing for sure is that the internet is an excellent resource for information about lawyers . In the present day, the internet has advanced, and plenty of lawyer information is readily available at the click of a button.

Is Vietnam a good country to work with?

Vietnam is a beautiful country with many reputable and reliable lawyers to work with, in your case. While some say that it is challenging to move around Vietnam, and possibly finding the best lawyer to work with, things are a little bit different if you know the ins and outs.

Can foreigners own land in Vietnam?

As land ownership is not allowed for foreigners in Vietnam, it is possible to set up a company that owns the land. Owning a 100% foreign-owned company is not necessarily the ideal long-term solution for tax purpose and auditing.

Is it cheaper to hire a lawyer in Vietnam?

Lawyer fee is also a paramount factor to look into before hiring any lawyer in Vietnam. While some may tell you that cheap is expensive and that a high priced lawyer is always the best, it is essential to pick on a lawyer that you can afford.

Can a lawyer help you in Vietnam?

Depending on your case, it can be interesting to have an English speaking lawyer or to be helped by a local Vietnamese lawyer who knows the rules in order to solve some personal problems. Obtaining a passport for a Viet Kieu, ownership and property rights during a marriage or divorce, a notary legalization for official documents … Some Vietnamese or international lawyers living in Vietnam can help you on these subjects.

Attractive Structure of The Labour Market in Vietnam

• The structure of the labour market makes Vietnam highly attractive to foreign investors: 1. Rural migration: Vietnam has experienced very high growth rates, which resulted in a large rural migration to urban areas and an industry transition from agriculture to industrial and service acti…

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