BUSINESS LAW

TUTORIAL 6

I. Give your statement: True or False? And explain why?

The wage for an employee during the probation period must be at least equal to 80% of the
regular wage for the job

 FALSE. According to Article 26 about Probationary salary in Labor Code 2019, the
salary of an employee during the probationary period is agreed upon by both parties, but
must be at least equal to 85% of the salary of that job.

III.
Question 1: In the situation of the epidemic the Covid – 19 occurring in Vietnam since the
beginning of 2020, on what basis did the employer base the unilateral termination of the labor
contract?
 According to Article 36, clause 1, point c of Labor Code 2019, in the event of a natural
disaster, fire, major epidemic, hostility, relocation or downsizing requested by a
competent authority, the employer has to lay off employees after all possibilities have
been exhausted. Additionally, based in the Article 36, clasue 2, the employer shall
inform the employer in advance.
Question 2: Are employers allowed to keep employees originals?
 NO. According to Article 17, clause 1 in Labor Code 2019, one of the prohibited acts by
employers during conclusion and performance of employment contracts is keeping the
employee’s original identity documents, diplomas and certificates.
Question 3: Nguyen Van A works for Company B as an accountant under the two-years labor
contract and starts working from January 2020. By June 1st, 2020, Company B issues a notice
unilateral termination of the labor contract with Mr. A from June 15 th, 2020 for the reason that
Mr. A does not regularly complete the work under the labor contract.
Questions:
1. It is right or wrong for Company B to do so? Why?
 RIGHT in the act of unilareral terminartion. Because according to article 36, clause
1, point a in Labor Code 2019, an employer shall have the right to unilaterally
 terminate an employment contract if the employee repeatedly fails to perform his/her
work according to the criteria for assessment of employees’ fulfillment of duties
established by the employer. The criteria for assessment of employees’ fulfillment of
duties shall be established by the employer with consideration taken of opinions
offered by the representative organization of employees (if any).
 But WRONG in the time of noticing the unilareral terminartion. Because according
to article 36, clause 2 in Labor Code 2019, When unilaterally terminating the
employment contract in any of the cases specified in Point a, b, c, dd and g Clause 1
of this Article, the employer shall inform the employer in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36
months.
2. If Company B unilaterally terminates the labor contract illegally, what should Mr. A do?
 According to Article 41 in Labor Code 2019:
 In case the employee does not wish to return to work, in addition to the compensation
prescribed in Clause 1 of this Article, the employer shall pay a severance allowance in
accordance with Article 46 of this Code in order to terminate the employment contract.
 Where the employer does not wish to reinstate the employee and the employee agrees, in
addition to the compensation mentioned in Clause 1 of this Article and the severance
allowance mentioned in Article 46 of this Labor Code, both parties shall negotiate an
additional compensation which shall be at least 2 months’ salary under the employment
contract in order to terminate the employment contract.