Articles

Inheritance is understood as the movement of property from the deceased to the living. Individuals have the right to dispose of their estate, may leave...

DISPUTES OVER CONTRACTS ON DONATION OF LAND USE RIGHTS AND NOTES WHEN DISPUTES IN COURT

2022-09-19

The contract on the donation of property definition under provisions of the civil laws means an agreement between parties whereby the giver delivers its property...

EXAMPLE OF SHARES TRANSFER AGREEMENT 2023

2022-09-17

The transfer of shares is regulated in the Law of Enterprises 2020, accordingly, enterprises are free to choose whether transferring shares shall be conducted in...

METHODS OF RESOLUTION WHEN A BUSINESS DISPUTE OCCURS

2022-09-17

In business relationships, conflicts of interest are inevitable. The parties to the dispute all want to find a quick, low-cost solution, ensuring their reputation and...

Notes for Franchisees after the post-Covid 19 season

2022-09-15

Commercial Franchise can be considered as an optimal choice for individuals, small and medium-sized organisations, especially after the heavy impact of the Covid-19 pandemic on...

BEING SUED FOR LEAVING EMPLOYEES BORED TO DEATH!

2022-09-14

In most cases, a labour dispute arises only when an employer seriously infringes upon the financial interests and dignity of an employee, for instance, employer...

[Infographic] What Should Enterprises Do When Increasing the Regional Minimum Wage?

2022-08-30

[Infographic] What Should Enterprises Do When Increasing the Regional Minimum Wage? – Ngo Thi Ngoc – Articles posted at Saigon Time: https://thesaigontimes.vn/nhung-dieu-can-luu-y-khi-tang-luong-toi-thieu/ On 12 June 2022,...

Disputes on international commerce and things to note

2022-07-26

International commerce has long been viewed as part of the integrating process into the world economy. The opportunities and positive impact of international trade are...

WHAT ARE BUSINESS AND COMMERCIAL DISPUTES? NOTES WHEN ARISING BUSINESS AND COMMERCIAL DISPUTES

What are business and commercial disputes? Commercial law of Vietnam does not directly provide a definition of a business and commercial dispute. However, based on...

Disputes on business and commerce involving foreign elements and Methods to settle

In present, Commercial Law 2005 does not directly define what a dispute on business and commerce is, however, based on the concept of commercial activities...

EXAMPLE OF SHARES TRANSFER AGREEMENT 2023

The transfer of shares is regulated in the Law of Enterprises 2020, accordingly, enterprises are free to choose whether transferring shares shall be conducted in...

SETTLEMENT OF COMMERCIAL BUSINESS DISPUTES BY COURT OR COMMERCIAL ARBITRATION

Commercial activities are activities for profit-making purposes, including the sale and purchase of goods, provision of services, investment, commercial promotion and other activities for profit-making...

SOME NOTES ON LABOUR DISPUTES INVOLVING FOREIGN ELEMENTS

2022-07-15

International economic integration leads to the emergence of more and more labour relations involving foreign elements. Accordingly, labour disputes involving foreign elements have also tended...

PROCEDURE FOR BANK FORECLOSURE ON MORTAGED PROPERTY

2022-07-15

In compliance with Article 299 of the Civil Code 2015, on due date for performing secured obligation, the obligor fails to fulfil or improperly fulfils...

When Are The Bank Allowed To Arbitrarily Sell The Mortgaged Property?

2022-07-13

Mortgage of property is one of nine measures to secure for the performance of obligations as regulated at clause 2 Article 292 of the Civil...

ARE DEMOCRACY REGULATIONS AT THE WORKPLACE COMPULSORY?

2022-05-19

In comparison with the Labour Code 2012, the Labour Code 2019 specifically regulates the cases in which employers must organise dialogues at the workplace. For...

SUMMARY OF LATEST LABOUR CONTRACT TEMPLATES

A labour contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of...

SUMMARY OF LATEST LABOUR CONTRACT TEMPLATES

A labour contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of...

LABOUR RELATIONSHIP AND LABOUR DISPUTE

1. Definition of labour relationship and labour dispute Labour relationship and labour dispute are two of the well-known and wide application interpretations of the Labour...

GENERAL TEMPLATE OF INTERNAL LABOUR REGULATIONS

Internal labour regulations are documents issued by employers that record contents of labour discipline, including regulations on compliance with time, technology, production and business management....

TEMPLATES OF PROPERTY MORTGAGE CONTRACT 2023

What is a property mortgage contract? Article 317 of the 2015 Civil Code regulates that mortgage of property is the practice of one party (hereinafter...

THE TEMPLATE OF LABOUR CONTRACT WITH COLLABORATORS

Some enterprises often employ individuals to work for them as collaborators, and they also think that collaborators are not their employees. According to Article 13.1...

Labour discipline is one of the main contents that employers must stipulate in their internal labour regulations. According to Article 117 Labour Code 2019, labour disciplinary is regulations on compliance with the timetable, technology and executive management of business and production as set out in the internal labour regulations issued by employers and stipulated by law. An employee committing labour discipline will be subject to the following forms of labour discipline: (i) Reprimand; (ii) Deferral of wage increase not exceeding 6 months; (iii) Demotion; and (iv) Dismissal. The law of labour does not present a template of labour discipline. However, a template of labour discipline is practical demand arising from labour relationships, especially an enterprise with a huge of employees. A template of labour discipline helps the enterprise to save time and strength to prepare work relating to labour discipline. A template of labour discipline must comply with the principles specified in Article 122 of the Labour Code 2019 as follows: i. The employer must demonstrate the employee’s fault; ii. There must be the participation of the employee’s representative organisation at the grassroots level of which the employee being disciplined is a member; iii. The employee must be physically present and has the right to defend himself or herself or to have a lawyer or representative organisation assist him or her in defence. In cases where the employee is less than 15 years of age, his or her legal representative must be present. iv. Any settlement of labour discipline must be recorded in writing; - Imposing more than one disciplinary measure for one violation of labour discipline is strictly prohibited. - When an employee simultaneously commits multiple violations of labour discipline, he or she will only be subject to the highest form of disciplinary measure corresponding to the most serious violation. - Not subject to labour discipline for employees who are in the following period: e) The employee is taking leave on account of illness or convalescence, or any type of leave with the employer’s consent; f) The employee is being held temporarily in custody or detention; g) The employee is awaiting the verification and conclusion of an authorised agency regarding a violation stipulated in Article 125.1 and Article 125.2 of the Labour Code 2019; h) The female employee is pregnant, or the employee is on parental leave or is caring for children less than 12 months old. - No labour disciplinary measure shall be taken against an employee who violates labour discipline while suffering from mental illness or another disease that results in the employee losing self-awareness or the ability to control his or her actions. For more details on a template of labour discipline, please refer to the book “Hard to find templates of Human Resource Relating to Labour Law” by Lawyer Nguyen Huu Phuoc from pages 595 to 721. Above is an overview article about the explanation of labour discipline by Phuoc & Partners. If you are having difficulty finding a lawyer to advise a resolution on labour discipline, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Intellectual Property, Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing Clients with optimal and effective legal service.

TEMPLATES OF LABOUR DISCIPLINE 2023

Labour discipline is one of the main contents that employers must stipulate in their internal labour regulations. According to Article 117 Labour Code 2019, labour...

“Insider trading” of stocks: Set a Sprat to catch a Mackerel

To date, there are rumors saying that the price of securities in the market shall not be controlled by the market rules and the business...

WHAT SHOULD ENTERPRISE DO TO AVOID DISPUTES UPON REDUCTION OF TET BONUS OF THE TIGER YEAR?

After a year of hard working, employees expect to receive a salary and a certain mount of “bonus” from the enterprise in the Tet holiday...

Online Child Sexual Abuse – A Constant Concern