The Labor Code regulates labor relations, specifically stipulating the rights and obligations of the subjects participating in labor relations, and provides regulations on wages, insurance policies, and resolves labor disputes in Vietnam. In this article, the author outlines the provisions regarding unilateral termination of labor contracts by employers as prescribed in Article 38 of the Labor Code, thereby analyzing and comparing certain cases applied in judicial practice to contribute to common experience sharing.
Below is notable content in Official Dispatch 1391/BHXH-BT on the implementation of certain provisions under Resolution 42/NQ-CP and Decision 15/2020/QD-TTg in Vietnam.
Recently, the Government of Vietnam officially issued Decree 28/2020/ND-CP regulating administrative penalties in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.
Conslusion of a labor contract is a very important milestone marking the engagement of both the employee and the employer in an employment relationship in Vietnam. Due to its crucial nature, when concluding a labor contract, both the employee and the employer must exercise due diligence.
Currently, there are numerous cases where enterprises take advantage of the vulnerability of employees to unilaterally terminate labor contract illegally in Vietnam. To protect employees, the Labor Code 2019 specifically stipulates five benefits that employees are entitled to when their labor contracts are unilaterally terminated unlawfully.
2019 Labor Code will come into effect in less than two months. The 2019 Labor Code introduces many new regulations compared to the 2012 Labor Code, with the most notable change being related to the termination of labor contracts in Vietnam.
What is the regulations on the process for consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid in Vietnam? - Duc Phuc (HCMC)
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