HM&P's team of lawyers is always keen to keep abreast of the latest regulations and knowledge, especially from the competent authorities, in order to provide the highest quality services and effective advice. Therefore, following the publication of the "Legal Guidelines: Compliance of Labor Law and Enterprises' Common Mistakes", Mr. Nguyen Van Phuc, Managing Partner of HM&P Law Firm ("HM&P"), represented HM&P at the 231st Dialogue Conference between Enterprises and Ho Chi Minh City Municipal Government on 15 June. The conference focused on "Supporting enterprises in conducting business and investments in the city, promptly resolving obstacles and difficulties related to labor, employment, labor safety and vocational training". The conference, organized by the Investment and Trade Promotion Center (ITPC) in cooperation with the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City, brought together more than 310 representatives from enterprises in various sectors, including manufacturing, services, trading, etc. The agenda of the conference included a session for enterprises to ask questions and discuss practical challenges, followed by responses and guidance from leaders and experts from the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City. The conference agenda included a session for enterprises to ask questions and discuss practical challenges, followed by answers and guidance from leaders and specialists from the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs and the Ho Chi Minh City Social Insurance Department.
Representatives of Ho Chi Minh City Municipal Government and ITPC at the conference
More than 61 questions from enterprises (Sources https://doithoaidn.hochiminhcity.gov.vn/)
During the conference, more than 61 questions were raised by participating enterprises, covering various hot topics such as social insurance, work permits, internal transfers, termination of labor contracts, salary and bonuses in special cases, and regular labor reporting. Speaking at the conference, Mr. Nguyen Van Phuc, Managing Partner of HM&P, posed a question: "Companies often do not specify specific rest periods, working hours or working places in labor contracts for positions that require movement between branches or different locations, or in cases where details cannot be determined. Instead, they often refer to internal work rules or legal provisions. However, labor inspectors believe that it is not appropriate to refer to internal labor regulations or labor laws in these cases, and require companies to adjust these contents in the contracts. So how should enterprises make the appropriate adjustments to comply with the regulations?"
In response to Mr. Phuc's question, the representative of the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs stressed that labor laws require labor contracts to include all mandatory provisions. Therefore, labor contracts signed between enterprises and workers must ensure the fulfilment of these provisions. Based on this principle, the city government stated that although it may be difficult, enterprises are obliged to comply with the provisions of the labor law. In cases where it is not possible to specify all the details in the labor contract, enterprises can refer to their internal labor regulations to supplement the contract.
Mr. Nguyen Van Phuc - HM&P's Managing Partner have a question to the Ho Chi Minh City Municipal Government
With the comprehensive support and detailed responses from the municipal government and the Ministry of Labor, War Invalids and Social Affairs, HM&P believes that the challenges faced by enterprises will be effectively and promptly resolved in the future, thus ensuring a favorable environment for business operations and development. HM&P is committed to supporting and assisting enterprises in resolving labor-related issues, and will continuously strive to improve its expertise to provide the best quality services to clients, ensuring the safety of business operations and the goals of business development.
Read more about the conference at: https://doithoaidn.hochiminhcity.gov.vn/index.php/noidung/xem/249
