How to Resolve Disputes in Labour in Vietnam?

 How to Resolve Disputes in Labour in Vietnam?

A labour dispute is one of the most common disputes in society, in particular it means a dispute over rights, obligations and interests among the parties during the establishment, execution or termination of labor relation; a dispute between the representative organizations of employees; a dispute over a relationship that is directly relevant to the labor relation. In fact, labour disputes happen often, but there are many situations where employees often have little understanding of their rights, leading to disadvantages if the employer does not know or does not follow the law. Therefore, identifying labour disputes is very important. For employees, learning about labor law is to know their rights. Employers need to understand labor laws to ensure compliance. Both employees and employers can consult a dispute lawyer in labor to protect their rights.

For example, during the recent epidemic, many businesses faced difficulties in doing business and hence many common labour disputes arisen. For workers, a dispute could arise from not being paid on time. Other concerns are whether there is any violations that lead to the termination of the labor contract?  Has the employer carried out restructuring procedures and notified state agencies according to the correct procedure before terminating the labor contract with the employee? Does the employer have an agreement with the employee before suspending the labor contract during the pandemic? When the business is not efficient, is the employer required to pay the 13th month salary to the employee?

At present, labour disputes are classified into different types based on the object who participated in the dispute: Labour disputes between the employee and the employer; labour between the employee and the organization that sends the employee to work overseas under a contract; labour dispute between the outsourced worker and the enterprise. Right-based or interest-based collective labour disputes between one or several representative organizations of employees and the employer or one or several representative organizations of employees.

The labour dispute settlement process must follow the following principles: Respect the parties’ autonomy through negotiation throughout the process of labour dispute settlement; Prioritize labour dispute settlement through mediation and arbitration on the basis of respect for the rights and interests of the two disputing parties, and respect for the public interest of the society and conformity with the law; The labour dispute shall be settled publicly, transparently, objectively, promptly, and lawfully; Ensure the participation of the representatives of each party in the labour dispute settlement process; Labour dispute settlement shall be initiated by a competent authority or person after it is requested by a disputing party or by another competent authority or person and is agreed by the disputing parties.

When a labour dispute arises, one party or parties may request a Labor Mediator; The Labor Arbitration Council or the People’s Court to settle the disputes. Matter on time limit is an important matter that the parties should pay attention. The time limit to request a labor mediator to settle an individual labour dispute is 06 months from the date on which a party discovers the act of infringement of their lawful rights and interests. For the form of dispute settlement through the Labor Arbitration Council, the time limit is 09 months from the date on which a party discovers the act of infringement of their lawful rights and interests. In case of requesting the Court to settle the labour dispute, the time limit is 01 year from the day on which a party discovers the act of infringement of their lawful rights and interests. Many of the labour disputes could be resolved effectively at court hence engaging a labour dispute lawyers in Vietnam to file a lawsuit will help parties involved.

Please note, upon the expiration of the above-mentioned time limitation, the disputing parties will not have the right to request the competent authorities to resolve the dispute. In case the requester is able to prove that the aforementioned time limits cannot be complied with due to a force majeure event or unfortunate event, the duration of such event shall not be included in the time limit for requesting settlement of individual labour dispute.

ANT Lawyers – A law firm in Vietnam, always follow up the labour matters to update clients on regular basis.

Source ANT Lawyers: https://antlawyers.vn/library/how-to-resolve-disputes-in-labour-in-vietnam.html

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Navigating Employment Termination Matters in Vietnam

 Navigating Employment Termination Matters in Vietnam: The Role of Employment Litigation Lawyers

Terminating employment is a delicate and complex interaction that requires cautious adherence to work regulations and guidelines. In Vietnam, the bosses and workers face different difficulties with regards to business end matters. When labour disputes arise, looking for help from experienced employment litigation lawyers in Vietnam becomes vital.

Employment Termination in Vietnam

Employment termination is administered by the Labor Code, which gives rules and guidelines to the two managers and representatives. Redundancy, disciplinary action, mutual agreement, or the expiration of a fixed-term contract are all examples of situations that can result in the termination of an employment contract in Vietnam. However, it is essential to ensure that terminations adhere to legal requirements and due process, regardless of the reason. Failure to do so may result in disagreements and possible legal consequences.

Dispute Resolution Mechanisms

Seeking professional legal assistances help is a good idea when disputes between employers and employees arise during the termination process. Employment litigation lawyers in Vietnam have practical experience in business regulation and are knowledgeable in the work regulation and debate goal components. Throughout the process of resolving a dispute, they can offer guidance and representation that are of great value. Employment litigation attorneys in Vietnam assist employers and employees in comprehending their rights and responsibilities, evaluating the merits of their case, and evaluating alternative dispute resolution options like negotiation or mediation in order to achieve a mutually agreeable resolution. These employment dispute lawyers in Vietnam can represent their clients in labor arbitration or litigation if the conflict escalates, ensuring that their interests are safeguarded and the legal procedure is diligently followed.

Role of employment litigation lawyers for employers in Vietnam

Employment litigation lawyers in Vietnam help employers in leading far-reaching appraisals of end choices, guaranteeing consistence with lawful necessities and limiting the gamble of debates. They offer direction on issues, for example, severance pay, notice periods, and non-contend statements, guaranteeing that businesses satisfy their commitments and safeguard their financial matters. In case of a debate, these legal counselors can address managers during discussion, intercession, or suit, upholding for fair and sensible results while defending their clients' legitimate freedoms and notoriety.

Role of employment litigation lawyers for employees in Vietnam

Employment litigation lawyers in Vietnam represent considerable authority in business matters offer priceless help to workers by guaranteeing their privileges are safeguarded in the meantime. They assist representatives with grasping their privileges, for example, severance pay, and evaluate the legitimateness and decency of end choices. Question attorneys give lawful counsel and portrayal during discussions, intercessions, or official actions, supporting for just results and chasing after solutions for any illegitimate end or out of line treatment. They can help with social event proof, introducing contentions, and looking for pay or reestablishment, contingent upon the conditions. Employees can confidently navigate the complexities of employment termination disputes with the assurance that their interests are protected with the assistance of skilled legal professionals.

In conclusion, employment litigation lawyers assume a vital part in settling work debates in Vietnam. They provide essential support to clients, defending their legal rights and pursuing fair outcomes by utilizing their advocacy skills, extensive knowledge of labor laws, and expertise in dispute resolution mechanisms. Whether through discussion, intervention, or suit, In conclusion, employment litigation lawyers in Vietnam offer significant help with exploring the intricacies of work questions, guaranteeing that businesses and representatives the same are dealt with decently and that their advantages are shielded in the meantime.

ANT Lawyers is a law service in Vietnam with English speaking lawyers, located in the business centers of Hanoi, Danang and Ho Chi Minh City with international standards. We are Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services.

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What Are Lawful Structures for Fintech in Vietnam?

 What Are Lawful Structures for Fintech in Vietnam?

The foundation for the leap forward in all spheres of life has been established by the 4.0 industrial revolution and the explosion of the Internet. Science and technology have a direct impact on the financial sector, which is not exception.

Fintech – Financial Technology is a new type of finance that has emerged alongside traditional finance and has superior characteristics that are appropriate for the current circumstance and actual requirements. Despite the benefits of Fintech, its operation is fraught with difficulties, including legal issues.

Blockchain, big data, cloud computing, artificial intelligence, biometrics, and other technologies may be used by fintech. However, Vietnam currently lacks a comprehensive legal framework for these technologies. As a result, depending on the circumstances, laws pertaining to intellectual property, information technology, high technology, science and technology, cyberinformation security, and cybersecurity can all be enacted. In addition to ensuring the security of databases and the intellectual property that is associated with them, these regulations partially facilitate the research, development, and application of technological innovation.

Digital payment, in particular, is a big part of fintech. Non-cash payments, intermediary payment services, and the Law on Credit Institutions govern this sector. The Top state leader likewise gave Choice 316 since Walk 9, 2021, permitting the utilization of versatile cash to pay for labor and products of little worth. This is the legal basis for Fintech companies that offer digital payment services and for customers to use this method. Applications of fintech include asset management, peer-to-peer lending, and crypto currencies, all of which are not yet clearly regulated in Vietnam.

Due to the significance of establishing legal guidelines for Fintech, Official Dispatch No. 2433/VPCP-KTTH dated August 31, 2021 of the Public authority Office coordinated: “The State Bank of Vietnam chairs and coordinates with relevant agencies to continue studying and concretizing regulations on the pilot mechanism of P2P lending in the process of developing and finalizing the draft Decree on a controlled trial mechanism. Control (Regulatory Sandbox) financial technology activities in the banking sector, report to competent authorities for consideration and decision in accordance with the provisions of the Law on Promulgation of Legal Documents”.

Resolution No. was published by the government on September 6, 2021. 100/NQ-CP supporting the proposition to plan a Pronouncement on a system for controlled testing of Fintech exercises in the field of the financial area. After conducting research, the Draft Decree on the controlled trial mechanism for Fintech activities in the banking sector was published by the State Bank of Vietnam in April 2022. This draft is currently at the phase of looking for public remark and has not been endorsed. The development of the draft denotes another move toward Vietnam's lawful system for Fintech, establishing a strong starting point for the later birth of the Declaration.

The Decree on Controlled Trial Mechanism for Fintech in the banking sector will be officially issued by the government in the event that the Draft is approved. Credit institutions and financial technology companies will be able to test Fintech technology in a controlled manner as a result of this Decree. They can survey the adequacy and potential dangers while utilizing Fintech arrangements. The experiment's findings can be used to identify problems that need to be addressed in order for the legislature to pass legislation to regulate Fintech in the banking sector. If this is the case, banking will be a ground-breaking industry that will inspire Fintech regulations in other areas.

Despite the solid and quick improvement of web and its application, having a different lawful system for Fintech in Vietnam in the future is normal. Fintech lawyers in Vietnam who are interested in Fintech could also contribute by commenting on draft laws and providing clients with advice based on real-world examples. It goes without saying that the technology sector is home to some of the most successful businesses in the world. Fintech is the startup with the fastest growth rate among them. The sooner legitimate system of Fintech can be given, the better for Vietnam to gobble up amazing chances to draw in venture and find the world.

Our Fintech, banking legal counselors at Insect Legal Advisors - a law office in Vietnam will continuously circle back to the improvement of the legitimate system in Fintech in Vietnam to give updates to clients.

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