2. Contents
3.Work hours and rest breaks
4/8/2014 2
1. Labor Contract
2. Labor outsourcing
5. Tightened management of
foreigner
4. Salary reform
6. Other matters
3. 1. Labor Contract
Sign labor contract with employees
from 15 ~ 18 years old (Art.18)
4/8/2014 3
Not allowed to keep employees’ original
identification cards and qualifications;
money or any assets for guarantee (Art.20)
Additional contents: payment method, grade
increase of salary, work conditions,…
(Art.23)
Labor contract annex (Art.24)
4. <= 60 days for works that demand
college education and further
<= 30 days for works that demand
vocational intermediate education
<= 6 days for other works
4/8/2014 4
- Employee dies, is declared dead,
missing, incapable of civil by the
Court
- Employee satisfies the requirement
of SI duration & pension age
- Employee is disciplinarily dismissed
More details in
probation
duration:
(Art.27)
Add more
contents in
cases of labor
contract
termination
(Art.36)
1. Labor Contract (Cont.)
5. Additional section of Invalid Labor Contract (Art.50 ~52) in
cases:
LC contents are illegal, prohibited by laws
Is concluded by incompetent person
Restrict Union activities of employees
Two types of Invalid LC:
Part and entire invalid labor contract
4/8/2014 5
1. Labor Contract (Cont.)
6. 4/8/2014 6
Outsour
cing
contract
Outsourcing
contract
Rights &
Obligations
of parties
Outsourcing (from Art.53 ~ 58)
Purpose:
. Increase labor force in a peak
period
. Temporary replacement of
employees taking maternity leave,
accident,..
Maximum term is 12 months
Labor outsourcing license
(Decree No.55, Circular No.1)
First time recognized by law
2. Labor Outsourcing
7. The normal work hours shall not exceed 10 hours
per day, but not exceed 48 hours per week
4/8/2014 7
Night-shift is calculated from 22pm to 6am of the
following day across Vietnam
Overtime shall not exceed 12h/day, 30h/month, 200h/year
(300h/year in special cases)
3. Work hours and rest
breaks
8. Maternity leave increases to 6
months (Art.157)
4/8/2014 8
Increase of Lunar New year holiday from 4 to 5
days
Foreigners have 2 paid days for traditional
public holiday and national day of their
country
3. Work hours and rest
breaks (cont.)
9. 4/8/2014 9
Probation salary is up to at least 85% of
official salary (Art.28)
70%
85%
Overtime during night shift: additional 20% of
salary for day shift
Regional minimum salary increases to 2.7m –
2.4m – 2.1m- 1.9m (Decree No.182)
4. Salary reform
10. 4/8/2014 10
Maximum term of Work Permit
is 02 years
Employer may recruit foreigner when Vietnamese
employee has not met business demand (have to
enclose approved explanation & plan for the
recruitment)
(Art.170)
5. Tightened management of
foreign employees
11. First time recognized by law
Dialogue at workplace & Collective negotiation (Art.63~ 72)
Job list is prohibited to apply for employees under 18 years
old (Art.165)
4/8/2014 11
6. Other Matters
Social Insurance increases by 1% for both employee’s
contribution and employer’s contribution: (From Jan 1st, 2014)
Employee: SI : 8%, HI: 1.5%, UI: 1% (Total: 10.5%)
Employer: SI: 18%, HI: 3%, UI: 1% (Total: 22%)
PIT: (From July 1st, 2013)
Personal allowance:
vnd 9 million/month
Dependent allowance:
vnd 3.6 million/month
