- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
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Employment
The gap between these two issues is where the legal risk of a restructuring focuses. You can prove that departments have been merged, reports have changed, or the number of positions has decreased. The harder question remains: how has this change changed the demand for labor and why are specific workers affected?
Artificial intelligence is entering many stages of business activities. AI can create content, analyze customer data, optimize advertising, reconcile documents, and receive customer requests. As technology takes on more and more jobs, businesses may want to shrink their staff or eliminate some positions. But buying software or putting AI into use does not by itself create the right to terminate an employment contract.
An employee who was working on a shift felt dizzy, then was determined to have a stroke or cerebral infarction. The incident occurred during working hours, at the workplace and when the employee was performing the assigned task. Is this an occupational accident?
An inspection conducted at two or three a.m. at a factory in an industrial park can surprise many businesses. What the authorities are interested in sometimes is not the production line operating or has stopped operating, but the detection of the contractor's workers or engineers sleeping in the factory area. This practice is quite common in manufacturing enterprises, especially in the electronics, mechanical, chemical or energy industries, where maintaining personnel ready to handle problems is considered a solution to ensure the continuity of production activities.
One of the most common ways to "force quit" in labor practice today is not direct dismissal, but isolating, humiliating or mentally pressuring employees to leave their jobs on their own. Enterprises may not issue a decision to terminate labor contracts immediately, but use measures such as irregular transfers, non-assignment of jobs, separation from the collective, excessive supervision, or creation of a punitive working environment to prevent employees from continuing to work.
In the management practice of some Vietnamese enterprises, internal labor regulations are often seen as a formal internal management tool. A regulation is issued for "sufficient documentation" rather than for substantive operation. However, when labor disputes arise, especially disputes over labor discipline in the form of dismissal, labor regulations become one of the factors that directly determine the outcome of the case.
The number of experts, managers and technical workers from multinational corporations to work at the group's subsidiaries in Vietnam under the mechanism of intra-corporate transferee (ICT) to transfer knowledge, management experience and technology is increasing.
Along with the development of science and technology, more and more businesses are using electronic contracts to establish labor relations with employees. However, the application of electronic labor contracts in Vietnam is still very single, arbitrary, depending on the infrastructure and governance capacity of each enterprise. In order to uniformly implement electronic labor contracts nationwide, the Government has issued Decree No. 337/2025/ND-CP dated December 24, 2025 regulating electronic labor contracts effective from January 1, 2026 (Decree 337).
Internal Labor Regulations ("ILRs") are not only a set of rules governing the behavior of employees in enterprises, but also an important legal foundation to ensure order, discipline and fairness in labor relations. Through practical experience in drafting and registering ILRs, we will give some notes to help enterprises complete and register ILRs effectively, avoiding the situation of documents being returned or requesting repeated edits.
The Head of the Representative Office of Foreign Traders in Vietnam ("RO"), also known as the Head of the Representative Office of Foreign Traders in Vietnam ("RO"), is a person who plays an important role in the operation of the RO in Vietnam. This is an employee working at the RO, but also a representative of the RO, operating under the authorization of the foreign trader and responsible to the foreign trader for its activities. With the above legal status and special role, the labor management of the RO also has certain peculiarities and notes, especially serious issues such as the dismissal of the RO Head. In fact, there have been many disputes arising after the head of the RO is dismissed, raising the question of whether the dismissal of the Head of the RO is simple?
In Vietnam, labor disputes related to compensation for damages between enterprises and employees are increasing, posing great challenges in the proper application of the law. The case "Dispute over compensation for labor damages" between Joint Stock Company D (Company D) and Mr. To Hong Q1, which was heard by the People's Court of An Giang province on appeal with Judgment No. 01/2025/LD-PT dated 25/02/2025 is a typical example of these errors. This ruling not only rejects the company's claim for compensation, but also points out serious flaws in the way the enterprise handles the material liability of workers. This article analyzes the problems in the application of Company D's regulations, and provides some advice for businesses in labor management and strict compliance with the law in the process of claiming compensation from employees.
A non-compete agreement is a legal tool used by businesses to protect business interests, such as trade secrets, customer lists, or competitive advantages. However, if not properly designed, this agreement may infringe on the right to freedom of labor, leading to legal disputes. In Vietnam, disputes related to non-compete agreements are increasing, but the current legal framework does not have specific regulations, causing a lack of consistency in application and enforcement.
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