Labour Law: LLM. Bui Doan Danh Thao

LABOUR LAW
LLM. Bui Doan Danh Thao

OBJECTIVES
• What is labour law and its features?
1
• Labour law regulations on Employment contracts

2
• Labour law regulations on Working time and resting

3 time
• Labour law regulations on Salary and social insurance

4
• Labour law regulations on Disciplines

5
• Labour law regulations on Dispute settlements

6
WHAT IS LABOUR LAW AND ITS
FEATURE?
Labour law is a branch of law, in the Vietnamese legal

system, consisting of legal norms which govern
relationships between employers and employees under
employment contracts, and related relationships.
WHAT DOES LABOUR LAW
GOVERN?
Labour relations between

Related relations
employees and employers
Employers’ rights and Create and ensure employments for

obligations under employment everybody
contracts
Responsibilities to train and
Employees’ rights and improve vocational skills
obligations under employment
contracts Participate in social insurance
Roles and responsibilities of labour

union in labour relationship
How to settle labour disputes

WHO WILL BE SUBJECTS OF LABOUR LAW?
Employees Employers Apprentices,

(Vietnamese and foreigners interns
working in Vietnam)
Other individuals, organisations

directly related to the labour
relation
SUMMARY: WHAT IS LABOUR LAW AND ITS
FEATURES?
Its position in the

Vietnamese legal system
• a branch of law
• Labour relations
What it governs
• The related relations
• Employees
Its main subjects
• Employers
OBJECTIVES
1
• Labour law regulations on Employment contracts

2

3 time

4

5

6
EMPLOYMENT CONTRACTS
AIMS
2. Principles of
1. What is an
employment contract
employment contract?
conclusion
3. How many types of 4. How are

employment contracts employment contracts
are there? concluded?
5. How are 6. How are employment

employment contracts contracts amended or
performed? terminated?
WHAT IS AN EMPLOYMENT CONTRACT?
(ARTICLE 13, THE LABOR CODE 2019)
An employment contract is an agreement between the

employee and the employer on the paid job, work
conditions, the rights and obligations of each party in the
labor relation.
Note: A document with a different name is also considered an employment
contract if it contains the agreement on the paid job, salary, management and
supervision of a party
WHO WILL BE EMPLOYERS?
(ARTICLE 3.2, THE LABOR CODE 2019)
Enterprises, agencies, organisations, cooperatives,

households and individuals having full civil act
capacity who hire, employ employees under employment
contracts.
WHO WILL BE EMPLOYEES?
(ARTICLE 3.1, THE LABOR CODE 2019)
Individuals who work under employment contracts and

management of the employers to receive salaries.
Note: Normally, employees must be from full 15 years old and above.
However, for some special cases, employees can be under 15 years old.
FEATURES OF EMPLOYMENT
CONTRACTS
Nature • An agreement
Who can be the • Employers

contractors • Employees
• Paid job
The main • Work conditions
contents • The rights and obligations of each
party
AIMS
2. Principles of
1. What is an
employment contract
conclusion


PRINCIPLES OF EMPLOYMENT
CONTRACT CONCLUSION (ARTICLE 15, THE
LABOR CODE 2019)
The contract is conducted voluntarily,

equitably, affably, cooperatively and
truthfully
The contract is freely concluded in

compliance with the law, collective labor
agreement and social ethics
AIMS
2. Principles of
1. What is an
employment contract
conclusion


HOW MANY TYPES OF EMPLOYMENT
AGREEMENTS ARE THERE? (ARTICLE 20, THE LABOR
CODE 2019)
Employment contracts
Fixed term employment contracts
without fixed tem
The parties do not specify the The parties specify the term and
term and expiry date of the expiry date of the contract not
contract exceeding 36 months
Note:
1. Fixed term employment contracts cannot be signed more than twice, except
contracts with foreigners, with retirees, with representatives of employees, and with
employees to work as directors in state owned enterprises
2. A contract will become a contract without fixed term if the contract expired and
employees continue to work without signing a new contract after 30 days.
3. Within 30 days since the expiry date the contract, the old employment contract shall
remain effective if the parties have not concluded a new contract
AIMS
2. Principles of
1. What is an
employment contract
conclusion


WHEN SHOULD EMPLOYMENT
CONTRACTS BE CONCLUDED? (ARTICLE 13, THE
LABOR CODE 2019)
Before employees work for an employer, the employer and

employees must directly enter into an employment contract
WHO CAN EMPLOYERS SIGN AN
EMPLOYMENT CONTRACT WITH? (ARTICLE 18,
THE LABOUR CODE 2019)
Employees Who can sign the contract
From full 18 years old and above Employees
Employees
From full 15 to under 18 years old (with approvals of their representative in
law)
Employees and their representative

Under 15 years old
in law
Group of employee (from full 18

years old and above) One authorised employee
(Casual and regular works with term under 12 months)
WHICH FORM OF EMPLOYMENT
CONTRACTS MUST BE MADE? (ARTICLE 14, THE
LABOUR CODE 2019)
Verbally
In writing In case of temporary jobs with terms
under 01 month
Expect: a contract with a group of
employees, or with an employee who
is under 15 years old, or with a
domestic employee
WHEN WILL EMPLOYMENT CONTRACTS
COME INTO FORCE? (ARTICLE 23, THE LABOUR CODE 2019)
From the date the contract is concluded unless otherwise agreed by

the parties or provided by law
CAN EMPLOYERS APPLY PROBATION
PERIODS BEFORE SIGNING AN
EMPLOYMENT CONTRACT?
(ARTICLE 24, THE LABOUR CODE 2019)
Employers and employees can agree on probation

periods before signing an employment contract
Except contracts with a term under 1 month
HOW LONG IS THE PROBATION PERIOD?
Qualification required by a job Probation period
Managers in enterprises Maximum 180 days
College education or further Maximum 60 days
Vocational intermediate education,

technical workers, professional Maximum 30 days
workers
Others Maximum 6 working days

HOW MANY TIMES CAN THE
PROBATION PERIOD BE APPLIED? (ARTICLE
25, THE LABOUR CODE 2019)
HOW MUCH SALARY WILL EMPLOYEES RECEIVE
DURING THE PROBATION PERIOD? (ARTICLE 26, THE
LABOUR CODE 2019)
Salary for the probation period will be agreed by the parties

but not lower than 85% of the official salary
MUST EMPLOYERS TAKE EMPLOYEES IN AFTER
THE PROBATION PERIOD? (ARTICLE 27, THE LABOUR CODE 2019)
If the probation period is successful, the employer must

sign an employment contract with the employee
CAN EMPLOYEES QUIT OR EMPLOYERS REQUIRE
EMPLOYEES TO QUIT DURING THE PROBATION PERIOD?
If the probation fails, the parties can cancel the probation

period without notice in advance and compensation.
AIMS
2. Principles of
1. What is an
employment contract
conclusion


SELF-STUDY
HOW ARE EMPLOYMENT CONTRACTS
PERFORMED?
(ARTICLE 28 TO 33, THE LABOUR CODE 2019)
AIMS
2. Principles of
1. What is an
employment contract
conclusion


WHEN WILL EMPLOYMENT
CONTRACTS BE AMENDED? (ARTICLE 33,
Either the employee or employer can inform the other party on

the amended or supplemented contents in advance of at least 3
working days if they demand to amend or supplement the contract
WHEN WILL AN EMPLOYMENT
CONTRACT BE TERMINATED? (ARTICLE 34,
The employment contract expires, except the case regulated at art 177.4
The job under the contract is completed
Both parties agree to terminate
The employee is disciplinarily dismissed
One party unilaterally terminates

One individual party dies, or is declared dead, missing or has loss of civil
act capacity, or is sentenced with fixed term imprisonment.
Employers which are organisations cease to exist
Foreigners are expulsed and have the work permit that expires
Contract termination due to changes in the mechanism and technology, economic
reasons, or structural reorganisation
UNILATERAL TERMINATION OF
EMPLOYEES
IN WHICH CASES CAN EMPLOYEES
UNILATERALLY TERMINATE THE
CONTRACT? (ARTICLE 35, THE LABOUR CODE 2019)
Contracts with Contracts with

Contracts without
terms from 1 year terms under 12
fixed term
to 3 years months
Special jobs Special jobs
Special jobs
Inform at least Inform at least
Inform at least ¼
120 days in 120 days in
contract term
advance advance
Cases in art 35.2 Cases in art 35.2 Cases in art 35.2
No need to inform No need to inform No need to inform
in advance in advance in advance
Other cases Other cases Other cases

Inform at least 30 Inform at least 03 Inform at least 45
days in advance days in advance days in advance
CASES STATED AT ARTICLE 35.2, THE
LABOUR CODE 2019
1. The employee is not provided with the right work, the
workplace or the working conditions as agreed;
2. The salary is not adequately or punctually paid as agreed;
3. The employee suffers from maltreatment, sexual harassment,
coercive labor;
4. The pregnant female employee has to quit job under the
direction from competent medical examination and treatment
facilities;
5. The employer fails to provide truthful information;
6. The employee reaches the retirement age
RIGHTS OF EMPLOYEES WHEN THEY
LAWFULLY UNILATERALLY TERMINATE AN
EMPLOYMENT CONTRACT? (ARTICLE 46, THE LABOUR
CODE 2019)
Employers must give severance pay for their

employees who have been worked for full 12
months and more, and lawfully unilaterally
terminate the contract.
HOW MUCH IS SEVERANCE PAY?
Severance Number of
pay working years ½ monthly salary
Total duration that employee has The average salary

actually worked for the under the contract of
employer excluding the time the the preceding 06
employee has joined months before the
unemployment insurance employee quits
Note:
1. Full 01 to under 06 months = ½ year
2. Full 06 months and above = 1 year
OBLIGATIONS OF EMPLOYEES WHEN THEY
ILLEGALLY UNILATERALLY TERMINATE THE
CONTRACT
Not given severance pay
Pay half month salary under the contract as a

compensation
Pay a sum of money equivalent to salary of unnoticed

days if violating advance notice time as a compensation
Return training cost as provided by law

UNILATERAL TERMINATION OF
EMPLOYERS
IN WHICH CASES CAN EMPLOYERS
UNILATERALLY TERMINATE THE CONTRACT?
Employers can only unilaterally terminate the contract in the following cases:
1. The employee regularly fails to complete the works;
2. The employee cannot recover from treatment of sickness or accident
 Contracts with a term from 1 year to 3 years: after 12 months
 Fixed-term contracts: after 06 months
 Contracts with a term under 12 months: over one half of the contract term
3. The employer has to reduce the production and vacancies after taking all measures
to overcome the consequences from natural disasters, fire or other force majeure;
4. The employee fails to be present at the workplace after 15 days from the time the
contract suspension expires;
5. The employee reaches the retirement age;
6. The employee is not present at work without acceptable excuses for at least 05
consecutive working days;
7. The employee fails to provide truthful information.
NOT UNILATERALLY TERMINATE THE
CONTRACT
1. The employee is undergoing treatment for sickness or occupational

accidents, occupational illness under the decision from a competent
medical examination and treatment facility unless otherwise provided by
law.
2. The employee is on annual leave, personal leave and other leave

permitted by the employer.
3. Female employees who are pregnant or fostering a child under 12

months old.
4. The employee is on maternity leave.

HOW LONG IN ADVANCE MUST
EMPLOYERS INFORM? (ARTICLE 36, THE LABOUR
CODE 2019)
Contracts with Contracts with Contracts

terms from 1 year terms under 12 without fixed
to 3 years months term
Special jobs Special jobs
Special jobs
Inform at least Inform at least
Inform at least ¼
120 days in 120 days in
contract term
advance advance
Cases in art 36.1.d and e Cases in art 36.1.d and e Cases in art 36.1.d and e
No need to inform in No need to inform in No need to inform in
advance advance advance
Other cases Other cases Other cases

Inform at least 30 Inform at least 03 Inform at least 45
days in advance days in advance days in advance
OBLIGATIONS OF EMPLOYERS WHEN THEY
LAWFULLY UNILATERALLY TERMINATE AN
EMPLOYMENT CONTRACT? (ARTICLE 46, THE LABOUR
CODE 2019)
Employers must give severance pay for their

employees who have worked for full 12 months and
more when they lawfully unilateral terminate the
contract.
OBLIGATIONS OF EMPLOYERS WHEN THEY ILLEGALLY
UNILATERALLY TERMINATE THE CONTRACT
1. Re-employ the employee,

2. Pay salary and social, health, unemployment insurance for
the days the employee is banned from working,
3. Pay at least 2 months salary as compensation
4. Pay a sum of money equivalent to salary of unnoticed days
if violating advance notice time as a compensation
The employee The employer The position is no

does not want to does not want to longer available
continue to work re-employ and the employee
wants to work
1. Compensation 1. Compensation above 1. Compensation above
above 2. Give severance pay 2. Negotiate to amend and
2. Given severance 3. Pay at least 2 months supplement the contract
pay of salary 3. Employees return the
severance pay
WHEN WILL AN EMPLOYMENT
CONTRACT BE TERMINATED? (ARTICLE 34,
The employment contract expires, except the case regulated at art 177.4
The job under the contract is completed
Both parties agree to terminate
The employee is disciplinarily dismissed
One party unilaterally terminates

One individual party dies, or is declared dead, missing or has loss of civil
act capacity, or is sentenced with fixed term imprisonment.
Employers which are organisations cease to exist
Foreigners are expulsed and have the work permit that expires
Contract termination due to changes in the mechanism and technology, economic
reasons, or structural reorganisation
OBLIGATIONS OF EMPLOYERS AND EMPLOYEES
IN CASE OF THE CONTRACT TERMINATION (ARTICLE 48,
Pay fully the amount related to interests of each party within 14

days (not exceeding 30 days in special cases)
Employers must return the social insurance book and other

documents of the employees
Employers must give the employees severance pay except the

employees are disciplinarily dismissed, are expulsed, have the
work permit expires
Employers must give the employees who has been working from
full 12 months and more redundancy pay in case of contract
termination due to changes in the mechanism and technology,
economic reasons, or structural reorganisation
Employers must pay salary, social insurance, health

insurance and unemployment insurance.
HOW MUCH IS REDUNDANCY PAY?
Redundancy Number of
pay working years 1 month salary
Total duration that employee has

actually worked for the employer
excluding the time the employee The average salary
has joined unemployment under the contract of
insurance and the time the the preceding 06
employer paid the severance pay months before the
Note: employee quits
1. Full 01 to under 06 months = ½ year
2. Full 06 months and above = 1 year
Note: Minimum redundancy pay = salary of 2 months

THEIR EMPLOYERS IN CASE OF TERMINATION OF THE
CONTRACT
Severance Redundancy
No. Cases of termination
pay pay
1 The employment contract expires
2 The job under the contract is completed 
3 Both parties agree to terminate
4 The employee is disciplinarily dismissed

5 Foreigners are expulsed and have the work permit that expires

6 Employees lawfully unilaterally terminate 
7 Employers unilaterally terminate
8 One individual party dies, is declared dead, missing or has
loss of civil act capacity, or organisational employers cease to
exist 
9 Employees retire
10 Employees are sentenced with imprisonment, death penalty or
prohibited from doing a job
11 Employers terminate the contract due to changes in the
mechanism and technology, economic reasons, or structural
reorganisation
 
OBJECTIVES
1
• Labour law regulations on Employment contract

2

3 time

4

5

6
WORKING TIME
WORKING TIME (ARTICLE 105 AND 146 ,THE LABOUR CODE 2019)
Working hours for

Normal working hours
Working specific employees
hours for
extremely
hard,
harmful or Employees –
Employees –
Daily working Weekly dangerous under 15 years
from full 15
hours working hours jobs to 18 years
old
old
Not exceeding
Not exceeding
Not exceeding Not exceeding Not exceeding
8 hours/days
4 hours/days
8 hours/days 10 hours/days 6 hours/days and
CAN EMPLOYERS REQUEST THEIR EMPLOYEES
TO WORK OVERTIME? (ARTICLE 107, 108 AND 146, THE LABOUR
CODE 2019)
Employers can request their employees to work over time if they

meet the following requirements:
Employees who are full 15

Overtime hours do not
years old and above, agree
exceed the maximum
to work overtime except
working hours provided by
cases provided in the article
law
108
HOW LONG CAN EMPLOYERS REQUEST
THEIR EMPLOYEES TO WORK OVERTIME
FOR?
Daily working Weekly working

hours hours
Maximum overtime 50% normal working 12 hours including

working hours per day hours in a day normal working hours
Maximum overtime
40 hours
working hours per month
Maximum overtime 200 hours or 300 hours in special cases provided

working hours per year by the government
RESTING TIME
HOW LONG WILL EMPLOYEES HAVE BREAK
FOR? (ARTICLE 109, 111 AND 113, THE LABOUR CODE 2019)
How long are the break hours
Work for 6
hours At least 30 minutes
Break during consecutively
Which will be included in the working hours
working hour Nightshift At least 45 minutes
working Which will be included in the working hours
At least 24 consecutive hours

Weekly rest or
At least 4 days per month on average
- 12 days – normal job
- 14 days – heavy, dangerous and toxic jobs.
Annual leave - 16 days – extremely heavy, dangerous or
toxic jobs
* Every 5 working years, employees will get 1 more day for
annual leave
HOW LONG WILL EMPLOYEES BE OFF WORK ON PUBLIC
HOLIDAY OR FOR PERSONAL ISSUES? (ARTICLE 112 AND 115, THE LABOUR CODE 2019)
Holiday and personal leave Employees How long
Calendar new year 1 days
Lunar new year 5 days
Victory day (30th April)
All 1 days
International labour day
Holiday
National day 2 days
Hung kings commemoration day
Traditional Tet of the employee’s country 1 days
Foreigners
National day of the employee’s country
Marriage 3 days
Marriage of children, 1 days
Personal Death of parents, parents in law, spouse, All
3 days
or child
Death of grandparent, or siblings
1 days
Marriage of parent or siblings
WILL EMPLOYEES STILL BE PAID IN FULL
WHEN THEY HAVE BREAK TIMES, OR DAYS OFF
WORK FROM HOLIDAY OR PERSONAL LEAVE?
Employees will get full paid when:

 They have break times
 They have days off work on public holiday,
 They take leave for personal reasons except marriage of parent and
siblings, and death of grandparent and siblings
CAN EMPLOYEES TAKE LEAVE MORE THAN
THE DAYS ALLOWED BY LAW?
Employees can negotiate with their employers to take unpaid leave

when they want to take more days off work than allowed by law.
CAN EMPLOYEES TAKE MATERNITY LEAVE?
Female employees can normally take 6 months maternity leave

including time before and after giving birth.
Note: employees cannot take maternity leave earlier than 2 months

before giving birth
OBJECTIVES
1

2

3 time

4

5

6
SALARY
WHAT IS SALARY? (ARTICLE 90, THE LABOUR CODE 2019)
Salary is an amount that the employer pays to the employee to perform work as
agreed in an employment contract.
 Salary includes:
 Salary rate
 Salary allowance
 Other additions
HOW MUCH SALARY WILL
EMPLOYEES RECEIVE?
Salary will be negotiated by employees and employers but

the salary rate cannot be lower than the minimum salary
provided by the government
HOW WILL EMPLOYERS PAY SALARY?
By cash By bank transfer

WHEN WILL EMPLOYEES BE PAID?
Payday will be decided by employees and employers

HOW MUCH SALARY WILL EMPLOYEES RECEIVE FOR
ONE HOUR OVERTIME WORKING? (ARTICLE 98, THE LABOUR CODE 2019)
Overtime working Salary
Week day At least 150 % of the salary per hour
Daily time Weekly days-off At least 200% of the salary per hour
Holidays and paid days-off At least 300% of the salary per hour
Week day
Night time The above + 30% of the salary per hour +

Weekly days-off
(22pm – 6 am) 20% of the daily salary per hour
Holidays and paid days-off

SUMMARY: SALARY FOR ONE HOUR OVERTIME WORKING
Overtime working Salary

At least 150 % of regular salary per
Week day
hour
At least 200% of regular salary per
Daily time Weekly days-off
hour
hour
hour (if there is no extra working
hour on day time)
Week day
Night time hour (if there are extra working hours
(22pm – 6 am) on day time)
Weekly days-off
hour
hour
SOCIAL INSURANCES
WHICH INSURANCE SCHEMES MUST
EMPLOYEES AND EMPLOYERS PARTICIPATE IN?
Insurance schemes
Social insurance
Health insurance
Unemployment insurance
WHO HAS TO PARTICIPATE IN THE INSURANCE
SCHEMES?
Both employees and employers must

participate in the insurance schemes
HOW MUCH MONEY WILL EMPLOYEES AND
EMPLOYERS SPEND FOR THE INSURANCE
SCHEMES?
Insurance
Employees Employers
schemes
18%
8%
Social insurance of their employee’s
of their salary
salary
3%
1.5%
Health insurance of their employee’s
of their salary
salary
1%
Unemployment 1%
of their employee’s
insurance of their salary
salary
22%
10.5 %
of their employee’s
of their salary
salary
OBJECTIVES
1

2

3 time

4

5

6
LABOUR DISCIPLINE
WHAT IS LABOUR DISCIPLINE? (ARTICLE 117, THE LABOUR CODE 2019)
Labour discipline is the regulations on compliance with the

time, technology, and business and production management that
are set by the employer in the labour rules, or regulated by
law .
PRINCIPLES OF HANDLING VIOLATIONS
OF LABOUR DISCIPLINE (ARTICLE 122, THE LABOUR
CODE 2019)
1. Participation of the labour union in handling violations of labour discipline is
compulsory.
2. Employees and their representatives (employees under 18 years old) must present.
3. Handling violations of labour discipline must be made in writing.
4. Employers must prove their employee’s fault.
5. Employees are entitled to defend themselves or request other person to help them
defend.
6. One violation is only subject to one discipline measure.
7. If there are many violations at the same time, the highest disciplinary measure
corresponding to the most serious violation will be applied for all violation.
8. Handling violations of labour discipline cannot be applied in the following periods:
 The employee is on sick leave or other leave permitted by the employer
 The employee is in custody or detention
 The female employee is pregnant, on maternity leave or nourishing her under 12 month old child
 The employee is waiting for the result relating acts listed at the article 125.1 and 125.2 from the competent authority
 The employee has mental problems or other disease which makes them unable to cognise or control their acts.
PROHIBITED ACTS IN HANDLING VIOLATIONS
OF LABOUR DISCIPLINE (ARTICLE 127, THE LABOUR CODE
2019)
Infringe the
employee’s body and
dignity
Handle violations not

Apply fine or salary
stated in the labour
cutting
rule
WHAT ARE DISCIPLINARY MEASURES APPLIED FOR
VIOLATIONS OF LABOUR DISCIPLINE? (ARTICLE 124, THE LABOUR CODE
2019)
Reprimand - Time extension for Firing/dismissal

wage increase up to 6
months
or
- Demotion
WHEN WILL DISMISSAL BE APPLIED?
Employees will only get fired in the following case:
Having the act of theft, embezzlement, gambling, using drugs at

work, intentionally causing injury, or other acts which cause or
threaten to cause severe damages to the employer’ property and
interests
Committing sexual harassment in the workplace
Relapsing the violation applied time extension for wage increase
Relapsing the violation applied demotion within the time
Leaving work for 05 days within 30 days or 20 days within 365

days without a reasonable ground
TIME LIMIT FOR HANDLING THE VIOLATIONS
Not exceeding 6 months from the date the violation occurs, in special
cases not exceeding 12 months
Not exceeding 60 days after the period in cases not subject to handling
the violation for a specific period.
HOW LONG WILL DISCIPLINARY MEASURES BE
DELETED FROM A RECORD? (ARTICLE 126, THE LABOUR CODE 2019)
How long from the date of

Disciplinary measures handling of the violation if
no relapsing
Reprimand 03 months
Time extension of wage increase 06 months
Demotion 03 years
WILL EMPLOYEES PAY COMPENSATION FOR
MATERIAL DAMAGES (ARTICLE 129, THE LABOUR CODE
2019)
Employees must pay compensation for material damages caused

by them in accordance to the law
OBJECTIVES
1

2

3 time
• Labour law regulations on Salary and social security

4

5

6
DISPUTE SETTLEMENTS
BETWEEN EMPLOYERS AND
INDIVIDUAL EMPLOYEES
WHO WILL SETTLE THE DISPUTES BETWEEN
EMPLOYERS AND INDIVIDUAL EMPLOYEES?
Labour
Labour
arbitration/District
mediator/conciliator
people’s court
IN WHICH CASES WILL THE DISPUTE BE
SETTLED BY A LABOUR CONCILIATOR?
All labour disputes

between employers and individual employees
Except the following cases:
1. Relating to firing and unilateral termination of the contracts
2. Regarding the compensation and allowance upon termination of the contracts
3. Between a domestic employees and employer;
4. On the social, unemployment and health insurance
5. Regarding the compensation between an employee and an enterprise, non-business units
IN WHICH CASES WILL THE DISPUTE BE SETTLED BY A
DISTRICT PEOPLE’S COURT OR LABOUR ARBITRATION?
Labour disputes settled by a labour conciliator

and
The following disputes:
1. Relating to firing and unilateral termination of the contracts

2. Regarding the compensation and allowance upon termination of the contracts
3. Between a domestic employees and employer;
4. On the social, unemployment and health insurance
5. Regarding the compensation between an employee and an enterprise, non-business units
that send the employee to work overseas under contracts
WHEN CAN THE PARTIES REQUEST FOR A
DISPUTE SETTLEMENT? (ARTICLE 190, THE LABOUR CODE
2019)
Who will settle the

Time limit
dispute
A labour conciliator 06 months
A labour arbitration 9 months
A district people’s court 01 years

DISPUTE SETTLEMENTS
BETWEEN EMPLOYERS AND
EMPLOYEE COLLECTIVE
WHO WILL SETTLE THE DISPUTES ABOUT RIGHTS
BETWEEN EMPLOYERS AND EMPLOYEE
COLLECTIVE? (ARTICLE 191, THE LABOUR CODE 2019)
Labour
Labour
arbitration/Provincial
mediator/conciliator
people’s court
PROCESS OF SETTLEMENT OF DISPUTES
RELATING TO RIGHTS (ARTICLE 192, THE LABOUR CODE 2019)
All disputes must be settled through the following order and steps:
Labour
A labour conciliator arbitration/Provincial
people’s court
WHO WILL SETTLE THE DISPUTES ABOUT BENEFITS
BETWEEN EMPLOYERS AND EMPLOYEE COLLECTIVE?
Labour Labour arbitration

mediator/conciliator tribunal
PROCESS OF SETTLEMENT OF THE
DISPUTES RELATING TO BENEFITS (ARTICLE 195,
All disputes must be settled through the following order and steps:
A labour arbitration
A labour conciliator
tribunal
WHEN CAN THE PARTIES REQUEST FOR A
DISPUTE SETTLEMENT? (ARTICLE 194, THE LABOUR CODE
2019)
Who will settle the

Time limit
dispute
A labour conciliator 06 months
A labour arbitration 9 months
A provincial people’s court 01 years

The end

Labour Law: LLM. Bui Doan Danh Thao

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Labour Law: LLM. Bui Doan Danh Thao

Uploaded by

Copyright:

Available Formats

LABOUR LAW

LLM. Bui Doan Danh Thao

• Labour law regulations on Employment contracts

• Labour law regulations on Working time and resting

• Labour law regulations on Salary and social insurance

• Labour law regulations on Disciplines

• Labour law regulations on Dispute settlements

Labour law is a branch of law, in the Vietnamese legal

Labour relations between

Employers’ rights and Create and ensure employments for

Roles and responsibilities of labour

How to settle labour disputes

Employees Employers Apprentices,

Other individuals, organisations

Its position in the

• Labour law regulations on Employment contracts

• Labour law regulations on Working time and resting

• Labour law regulations on Salary and social insurance

• Labour law regulations on Disciplines

• Labour law regulations on Dispute settlements

3. How many types of 4. How are

5. How are 6. How are employment

An employment contract is an agreement between the

Enterprises, agencies, organisations, cooperatives,

Individuals who work under employment contracts and

Who can be the • Employers

3. How many types of 4. How are

5. How are 6. How are employment

The contract is conducted voluntarily,

The contract is freely concluded in

3. How many types of 4. How are

5. How are 6. How are employment

3. How many types of 4. How are

5. How are 6. How are employment

Before employees work for an employer, the employer and

Employees Who can sign the contract

From full 18 years old and above Employees

Employees and their representative

Group of employee (from full 18

From the date the contract is concluded unless otherwise agreed by

Employers and employees can agree on probation

Qualification required by a job Probation period

Managers in enterprises Maximum 180 days

College education or further Maximum 60 days

Vocational intermediate education,

Others Maximum 6 working days

Salary for the probation period will be agreed by the parties

If the probation period is successful, the employer must

If the probation fails, the parties can cancel the probation

3. How many types of 4. How are

5. How are 6. How are employment

3. How many types of 4. How are

5. How are 6. How are employment

Either the employee or employer can inform the other party on

The job under the contract is completed

Both parties agree to terminate

The employee is disciplinarily dismissed

One party unilaterally terminates

Contracts with Contracts with

Other cases Other cases Other cases

Employers must give severance pay for their

Total duration that employee has The average salary