Our Employment & Labour practice is experienced in both employer and employee-side negotiations, contracts and dispute resolution. We offer strong, effective representation where workplace disputes arise and valuable insight into the best way to establish and implement realistic and reliable Labour & Employment practice. In this field, we provide a comprehensive solution to legal issues related to the entire recruitment and employment of businesses, including domestic and foreign, specifically as follow:

• Consulting and carrying out procedures for work permits, working visas and permanent residence cards for foreign employees working in Vietnam;
• ​Reviewing, drafting and providing a full set of templates in recruitment, management and employment, including:
• Probationary agreements, labor contracts, other agreements such as Non-disclosure agreement, non-compete agreement, training agreement and other agreements besides labor contracts;
• Labor regulations, collective labor agreements;
• Recruitment processes and procedures, policy and settlement of compensation and benefits, termination of labor contracts.
• Consulting, reviewing, building a foundation of payroll scales and C&B policies:
• Consulting, reviewing and conducting procedures related to personal income tax and insurance issues of employees;
• Consulting on handling employee relations, labor disputes;
• Representing enterprises / employees in disputes, complaints and lawsuits related to recruitment and employment.
• ​We also represent employees to negotiate and settle terms and conditions of a Labor contract; labor disputes and civil disputes related to labor contracts such as claim for compensation and insurance...

The types of matters on which we regularly advise include:

• Employment contracts, secondments and handbooks
• Terminations and entitlements
• Redundancy, retrenchment and separation, including separation agreements
• Claims for constructive dismissal, unreasonable, wrongful or unlawful dismissal (including during pregnancy and in other prohibited circumstances)
• Remuneration and benefits, including incentive schemes and bonus arrangements
• Restrictive covenants, enforcement and enforceability
• Labour claims
• Legal actions involving employment and shareholder issues
• Confidentiality
• Personal data privacy
• Discrimination and harassment issues

Examples of our experience include:

• Successfully defending a senior executive in injunction proceedings and obtaining dismissal of application for enforcement of a 12 month non-compete covenant.
• Successfully defending four senior executives in a claim brought by their former employer, alleging breaches of contract.
• Advising inter-dealer broking firms on employment issues arising in relation to hire of prospective employees for new business in Vietnam, including drafting of employment contracts, termination letters and disputing and resolving alleged claims raised by former employers.
• Advising on and negotiating employment contracts and separation agreements for directors, CEOs, CFOs, and other senior executives of various leading financial institutions, hedge funds, insurance companies and listed entities.
• Regularly advising employers and individual employees on Vietnam employment issues including enforceability of restrictive covenants and availability of injunctive relief, breaches of confidentiality and fiduciary duty, severance agreements, termination entitlements, and compliance with and remedies available under the Employment and Personal Data (Privacy).