Labour

At ANT Lawyers, we provides counsel service in the area of labour regulations in Vietnam.  Our lawyers have advised a number of foreign and local law firms in Vietnam to ensure the compliance and optimize the human workforce. Vietnam Labor law in Vietnam is a complex area due to the fact that it consists not only of one general law but numerous Decrees, Circulars and official letters that amend the labor law of Vietnam.  The Vietnam Labor law is covered by one main legal basis: the Labor Code 2012.  This Vietnam Labor Code establishes the legal framework for labour related legal questions in Vietnam.  It regulates the rights and obligations of employees and employers, labor standards, labor utilization and management principles.  The Labor Code contributes to the development of the working environment in Vietnam by protecting labour as one of the key activities of every human society.  As stipulated in Article 2 of the Labor Code, the Code applies to all domestic elements connected to labor as well as to foreigners involved in Vietnamese labour as stated in Article 3.  Important general provisions of the Labor Code are for example the prohibition for forced labour, for child labor, for discrimination or also the regulations on working hours and health and safety that shall protect the rights of employees and especially the rights and interests of young workers.  These are just some examples of the general provisions that aim to ensure the rights for employees. Besides this Labor Code, there are more than 40 Decress, 100 Circulars and numerous letters in force that amend and guide the labor law in certain points.  As an example, the maternity leave period was issue of recent amendments whereby the conditions for employees in maternity were enhanced focusing on the duration of the leave period. Another labour matter that is often subject to new guidelines is the one of working hours. Recently, Decree 45/2013/ND-CP was issued to provide further regulations on working overtime and occupational safety. According to that, overtime hours in Vietnam shall not exceed 12 hours in a day when applying weekly working hours. This Decree is just one example for the fast changing labor regulations in Vietnam. Of course, all the amendments and new provisions shall serve the aim to enhance current labor situations and circumstances for employees and employers but often human resources managers and employees themselves are confused about the rights they posses. But this is also reasoned in the lack of certain legal clauses because there remain many uncertain points in the labor law of Vietnam. Some proviosion on workers’ rights are regulated very sparsely in Vietnam. Precisely in terms of the rights to build associations or to strike are restricted. For this reason it is necessary for domestic employees and employers and as well for foreigners who want to hire employees, to become clear and helpful advice on labor laws in Vietnam. Only with the up-to-date insight and understanding of all labor laws and amending documents is it possible to support employees or employers with their specific demands and request.  ANT Lawyers have the long time experience and are aware of all the changes that are put into effect, to give advice on labor matters.  ANT Lawyers, your lawyers in Vietnam.