Going to Work and 22 Important Laws to Know for Self-Protection

1. Must be notified by the enterprise of the recruitment results within 5 working days from the date of the recruitment results

2. Enterprises are not allowed to collect money from workers when participating in labor recruitment

3. Must have a written labor contract for jobs with a term of more than 3 months

4. Signing a contract with a person under 18 must have the consent of the representative

Signing a labor contract with employees aged from 15 to under 18 must have the written consent of the legal representative of the employee;

5. Enterprises are not allowed to keep the original personal documents of the employee

Enterprises are not allowed to keep the original personal documents, diplomas, and certificates and to require employees to guarantee with money or property to sign and perform labor contracts.

6. A job may only be tried once

7. Pay probationary salary equal to or greater than 85% of the official salary

In cases where the probationary contract mentions probationary salary and official salary, the enterprise must pay a probationary salary equal to or greater than 85% of the official salary, and the official salary must be equal to or greater than the regional minimum wage.

8. Depending on qualifications, the probationary period will vary

The maximum period is no more than 60 days for jobs requiring college qualifications or higher, no more than 30 days for jobs requiring intermediate qualifications, and no more than 6 working days for other jobs;

9. Employees receive social insurance from the enterprise during the probation period

In cases where the probationary contract has a working period of more than 1 month and mentions regulations on social insurance, the enterprise must pay social insurance for the employee.

10. Must notify the results at the end of the probation period

Within 3 days before the end of the probation period, the employee must be informed of the probation results. If the requirements are met, a labor contract must be signed immediately; if not, the probationary contract may be terminated.

11. Overtime pay

Working overtime on regular days = 150% of salary;

Working overtime on weekly rest days = 200% of salary;

Working overtime on holidays, Tet = 400% of salary.

12. Overtime pay at night

Working overtime on regular days = 150% + 30% + (20% x 150%) = 210%

Working overtime on weekly rest days = 200% + 30% + (20% x 200%) = 270%

Working overtime on holidays, Tet = 400% + 30% + (20% x 300%) = 490%

13. In a year, employees have 10 days of holiday, Tet, and 12 days of leave

On these days, employees are entitled to leave and full salary;

14. Enterprises must pay additional money for late salary payments over 15 days, based on bank interest rates

15. It is prohibited to require employees to pay money or cut salaries in place of labor discipline handling

16. Labor contracts may be temporarily suspended

Employees are entitled to temporarily suspend the labor contract if:

- Participating in military service;- Being detained or held;- Being subjected to measures to reform schools, rehabilitation centers, or compulsory educational institutions;- Female laborers during pregnancy;- Other cases as agreed by both parties.

Enterprises are responsible for re-employing employees after the suspension period ends.

17. Entitled to breaks during menstruation or while nursing

Female employees are entitled to a 30-minute break each day during menstruation. If nursing a child under 12 months old, they are entitled to a 60-minute break each day.

18. Enterprises are prohibited from dismissing employees for reasons of marriage, pregnancy, or maternity leave

19. Entitled to resign if not paid in full or sexually harassed

Resignation must be notified 3 working days in advance. Employees who have worked for more than 12 months are also entitled to severance pay, calculated as ½ month's salary per year of service.

20. Enterprises must finalize and return social insurance books when employees resign

The social insurance book is a necessary document for employees to obtain unemployment benefits. Enterprises are responsible for finalizing and returning the social insurance book to employees upon resignation.

21. Entitled to unemployment benefits after resignation

After resigning, employees will receive unemployment benefits from the Social Insurance Agency if they have contributed to unemployment insurance for 12 months or more and meet other conditions.

22. Exempt from court fees when suing the enterprise in court

Employees are exempt from all court fees when suing matters related to the labor field.

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