Will working for a competitor company result in dismissal in Vietnam? If employees are dismissed by the company, will they be paid for untaken annual leave in Vietnam?

Will working for a competitor company result in dismissal in Vietnam?

Currently I work for a car buying and selling company, working 8 hours a day. There are no other agreements between me and the company regarding working outside of the above hours. However, after those 8 hours, I want to work for a rival company that also operates in this field. If the company I work for finds out, will I be dismissed?

Reply:

Pursuant to Article 125 of the 2019 Labor Code, which stipulates: Dismissal for disciplinary reasons

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

4. 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.

Thus, according to the above regulations in Vietnam, it can be seen that if you work for a competitor company outside of office hours, it will not affect the working time guarantee for the previous company. Furthermore, you should pay attention not to reveal business secrets, technological secrets, or infringe upon the intellectual property rights of the previous employer and your case will not be subject to dismissal in Vietnam.

Will working for a competitor company result in dismissal in Vietnam? If employees are dismissed by the company, will they be paid for untaken annual leave in Vietnam? (Image from the Internet)

If employees are dismissed by the company, will they be paid for untaken annual leave in Vietnam?

Question: According to the 2019 labor law, if employees are dismissed by the company, will they be paid for untaken annual leave in Vietnam?

Reply:

According to the provisions of Clause 3, Article 113 of the 2019 Labor Code, an employee who, due to employment termination or job loss, has not taken or not entirely taken up his/her annual leave shall be paid in compensation for the untaken leave days.

Employees who are dismissed are also subject to job loss according to the above regulations in Vietnam. Therefore, if an employee is dismissed by the company, the company is obliged to pay wages for the annual leave days (annual leave days) that the employee has not taken or not taken.

Summary of 11 reasons to legally dismiss employees in Vietnam

According to current regulations, how many cases can an employer legally dismiss an employee?

Reply:

Pursuant to Article 125 of the 2019 Labor Code, the dismissal for disciplinary reasons:

- Theft at work;

- Embezzlement in the workplace;

- Gambling at work;

- Intentionally causing injury at work;

- Using drugs at work;

- Disclosing business secrets and technological secrets;

- Infringing intellectual property rights of the employer;

- Committing acts that cause serious damage or threaten to cause particularly serious damage to the property and interests of the employer;

- Sexual harassment in the workplace is regulated in labor regulations;

- Disciplining to extend the salary increase period or demotion but re-offends while the disciplinary action has not been removed;

- Voluntarily quitting work for 05 days accumulated within a period of 30 days or 20 days accumulated within a period of 365 days from the first day of voluntarily quitting work without a legitimate reason.

Above are 11 cases where employers can legally dismiss employees in Vietnam.

Best regards!