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Legal Opinion
we not I
us not me
First of all, Angle Law Firm would like to express our gratitude for your belief and
Based on the information and documents provided by the company on March 6, 2022,
we would like to send your company a letter of legal opinion with the following content:
1. Fact
FACTS:
The employee to be dismissed by the company is the manager of the medical mask
production workshop.
The employee has worked for the company for 2 years and 1 month.
The labor contract that your company has established with the fired employee is a definite-term
contract valid from May 31, 2020 to December 31, 2022.
Your company decided to fire this employee because he had been absent from work for 10 consecutive
days.
2. Issues
What does your company need to do to fire that employee without causing harm or loss, but legally?
What legal basis could the company use to solve this problem?
3. Analysis of the issue
4. Conclusion
chứng minh đc có lý do hợp lí thì chỉ kỷ luật, hoặc chịu trách nhiệm với cv hiện có
nếu k có lí do chính đáng mà nghỉ nhiều nhưu vậy thì đuổi mợ nó luôn, lúc đó có căn cứ
Law No. 45/2019/QH14 dated November 20, 2019 Labor Code issued by The National Assembly of the
Socialist Republic of Vietnam.
Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam with effect
from November 20, 2019- Article 125: Dismissal for disciplinary reasons.
Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam with effect
from November 20, 2019-Article 122: Principles and procedures for taking disciplinary measures at work
Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam with effect
from November 20, 2019- Clause 4, Article 125: “The employee fails to go to work for a total period of 05 days in
30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable
excuses. Justified reasons include natural disasters, fires; the employee or his/her family member suffers from
illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor
regulations.”
Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam with effect
from November 20, 2019- Clause 4, Article 122: “No disciplinary measure shall be taken against an employee
during the period when”
Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam with effect
from November 20, 2019 – Article 122: Principles and procedures for taking disciplinary measures at work - Clause
1 “Disciplinary measures against an employee shall be taken in accordance with the following regulations:
a) The employer is able to prove the employee’s fault;
b) The process is participated in by the representative organization of employees to which the employee is a
member;
c) The employee is physically present and has the right to defend him/herself, request a lawyer or the representative
organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal
representative must be present;
d) The disciplinary process is recorded in writing”.
Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam with effect
from November 20, 2019 - Article 125: Dismissal for disciplinary reasons – Clause 4: