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9/22/2022

Lecture 4

Workplace environment Law

Labor Code 2012 -2021

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Employee
• >= 15 year old
• < 15 year old conditions?
• Rights and obligations of employees and
employer.

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Employer
>= 18 year old
Civil act capacity
inferior
Employer

Employee

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Ho Thuy Hang - LLM. 9/22/2022

Minimum wage
• The monthly wage paid to an employee to
perform a basic job that does not require
training.

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WORKING TIME

• 8 hours per day

– 48 hour/week

• May be extended

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REST TIME

• ≥ 0.5 hour of rest /continuous 8 working

hours

• ≥ 1 day of rest/week (at weekend or

weekday)

• Holidays with full payment

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Ho Thuy Hang - LLM. 9/22/2022

Annual leave
• >= 1 year : 12 working days

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Labor contract
• The labor contract is the agreement
between the employer and the employee
on a paid job, on the conditions of work,
on the rights and obligations of each party
in the labor relations.

– Collective Labor Agreement

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Types of labor contract

• Contract for an indefinite term
notify at least 45 days
• Contract for a definite term up to three
years

• Form?

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Ho Thuy Hang - LLM. 9/22/2022

Principles and procedures of labor discipline

- Employer must prove the employee's fault

- Participation of the representative organization of
the labor collective at the grassroots level.
- Employee must be present and has the right to
defend himself, there may be lawyer or guardian if
any.
- The labor discipline must be made in writing.

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Conditions for labor discipline - dismissal

• Theft, embezzlement, gambling, intentionally causing
injury, using drug within the workplace, disclosing the
technology and business secrets, intellectual property
infringement, causing serious damage or threatening
to cause extremely serious damage to the property
and interests of the employer;
• Recidivism (within 3 months after reprimand, 6 months
after Prolongation of wage increase, 3 years after
dismissal from office)
• Quit job totally 05 days in 01 months or 20 days in 01
year without any proper reason.
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