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MANAGEMENT LETTER
REVIEW OF LABOR CONTRACT IN THE FIRST HALF YEAR 2023

MANAGEMENT LETTER
REVIEW OF LABOR CONTRACT IN THE FIRST HALF YEAR 2023

VIVA BUSINESS CONSULTING là công ty tư vấn doanh nghiệp được tín nhiệm bởi hằng ngàn khách hàng danh tiếng từ năm 2006. VIVA cung cấp nền tảng quản lý toàn diện và nguồn lực thực thi theo cách kết hợp đồng thời của: Luật pháp và thủ tục hành chính trong kinh doanh – Quản lý thuế và kế toán – Quản trị quan hệ lao động – Quản trị tài chính doanh nghiệp – Quản trị và kiểm soát nội bộ. Năng lực của chúng tôi giúp khách hàng lường trước các rủi ro, tối ưu chi phí, kiến tạo lợi thế kinh doanh.

VIVA is a business consulting company, specializes in business compliance procedures according to local business laws and regulations since 2006. VIVA has been continuously trusted by thousands of well-known clients since 2006. We are creating added value for clients by offering one-stop business platform with exclusive and tailored-made services related to market entry and mandatory business compliances. We keep our client’s good standing in lawful and optimal manners whenever they are working and doing business in Vietnam.

Review of labor contract in the first half year 2023

REVIEW AND MANAGEMENT OF LABOR CONTRACT FOR THE YEAR 2023

Enterprises are not only responsible for employment, wages, benefits, and other obligations to employees but also have to bear additional responsibilities to state agencies. This responsibilities are created and limited by valid and legally signed labor contracts, especially concerning the following agencies:

  1.   Insurance Agencies: declaration and payment of compulsory insurance.
  2.   Tax department: Tax declaration, payment, and annual tax settlements.

To avoid the risks arising from the employer’s obligations when:

  1. The probationary period is over.
  2. The contract has expired but the termination procedures are not done in time.
  3. Early termination in cases of underperformance by an employee.
  4. Update the appendix of benefits and income beyond the signed contract.

In July and August 2023, VIVA Business Consulting will cooperate with you in reviewing and completing the labor contract system according to regulations, in accordance with the company’s policies:

  1. Make a list of employees.
  2. Classify and re-evaluate signed contracts.
  3. Carry out procedures for termination, liquidation and extension.
  4. Prepare appendices to update benefits, job descriptions…
  5. Review and complete the income structure to optimize the cost of personal income tax, compulsory insurance, associated with the internal labor regulations, salary, bonus and welfare policies of the enterprise.

 

The above work is done completely free of charge for clients who use VIVA’s labor relations management services.

NOTES ON CHANGES AND TERMINATION OF EMPLOYMENT CONTRACTS

Types of labor contracts and renewal procedures

  1. An indefinite-term labor contract is a contract in which both parties do not determine the term and the time of termination of the contract’s validity;
  2. A definite-term labor contract is a contract in which both parties determine the term and the time of termination of the contract’s validity within 36 months from the effective date of the contract.

When these labor contracts expire but the employees continue to work, the following shall be done:

  1. Within 30 days from the date of expiration of the labor contract, both parties must sign a new labor contract; during the period of not signing a new contract, the rights, obligations and benefits of both parties shall be performed according to the signed contract;
  2. If the 30-day period elapses from the labor contract expiration date without signing a new employment contract,  the definite term will become an indefinite term labor contract;
  3. In case the two parties sign a new labor contract which is a definite-term labor contract, it is only allowed to sign one more time. After that, if the employee continues to work, an indefinite-term labor contract must be signed.

Regulations on probation period

The probationary period shall be agreed upon by both parties based on the nature and complexity of the work, but this period shall only be undertaken once for a specific position, and the following conditions must be met:

  1. Not exceeding 180 days for managers’ positions as prescribed by the Enterprises Law;
  2. Not exceeding 60 days for positions requiring professional or technical qualifications from college level or higher;
  3. Not exceeding 30 days for positions requiring professional or technical qualifications of intermediate level, technical workers, or specialized staff.;
  4. Not exceeding 06 working days for other positions.

Typical cases of termination of labor contracts

  1. Expiration of labor contract.
  2. The tasks have been completed according to the labor contract.
  3. Both parties agree to terminate the labor contract.
  4. The employee is disciplined and fired.
  5. The employee’s unilateral termination following regulations.
  6. The employer’s unilateral termination following regulations
  7. Employers terminate employees according to regulations.
  8. The work permit expires for foreign employees working in Vietnam according to regulations.
  9. In case the probationary agreement is agreed upon in the labor contract, the probationer fails to meet the requirements or one side cancels the probation agreement.

We have been successfully providing service for thousands of leading companies from Hong Kong, Japan, US, EU, Singapore, India, China, Korea… in forms of FDI companies, Foreign representative offices, Foreigners working in Vietnam, Vietnamese SMEs, Chief Operation Officers.

Feel free to contact us should you have any queries or questions.

ABOUT VIVA BUSINESS CONSULTING

VIVA is the local expertise for local business compliance procedures, has been trusted by thousands of foreign investors, multinational companies from Europe, Japan, Singapore, India, Korea, USA… for the required business compliance procedures by local laws and regulations since 2006.

Thanks for consistent of practice expertise in Business laws - Employment relations – Tax and accounting – Corporate finance – Corporate services, VIVA has been successfully providing service for thousands of leading companies in such industries: Garment, energy, pharma, advertising, agricultural…

VIVA keeps its signature by offering one-stop business platform with regard to market entry and the mandatory business compliances. We ensure for our client’s good standing, in lawful and optimal manners whenever they are working and doing business in Vietnam.

Thanks to a unique combination of local expertise and global experiences, VIVA BUSINESS CONSULTING is the one-stop solution for the required compliance procedures in Vietnam for foreign investors and experts. We are still here since 2006s because of our thousands of satisfied clients and our employees. Our staying power is a testament to the professional resources, and so much more.

 

VIVA not only manage business required procedures by laws but firstly places client’s compliance and good standing, in the optimal methods when offering any solution, and integrated with our intensive resources that allow us to prevent most of the risks in advance, create more benefits, advantages and business inspiration for entrepreneurs.

The insights and consistent backgrounds in Business Laws – Accounting and Corporate Finance – Tax Management – Labor Relations and Payroll – Serectarial and consistent with our exclusive standard operation processes, consisting of consultation – implementation – pratice operation help us fully protect client interests as one-stop solution.

YOU WILL RECEIVE

“If you ask any successful businessperson, they will always have had a great mentor at some point along the road.”

 

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