In Vietnam, the termination of employment contracts is governed by the Labor Code (No. 45/2019/QH14).

Lawful Grounds for Dismissal

Employers can lawfully terminate employment contracts for specific reasons. These include employee conduct, such as disciplinary reasons like repeated violations of company policy, poor performance or failure to meet job requirements. Economic circumstances, such as business restructuring or financial difficulties, and natural disasters or other unforeseen circumstances impacting operations, can also be grounds for dismissal. Additionally, prolonged illness or injury affecting an employee's work capacity can be a valid reason for termination.

Notice Requirements

The notice requirements vary depending on the type of contract. For indefinite-term contracts, employers must provide at least 45 days' notice. For fixed-term contracts over 12 months, at least 30 days' notice is required. For fixed-term contracts under 12 months, the notice period is determined by the contract. For probationary contracts, a 3 days' notice is required.

Severance Pay

Employees with at least one year of service are entitled to severance pay. The amount is calculated based on the employee's salary and years of service. The formula used is half a month's salary for each year of service.

Vietnam's Labor Code (No. 45/2019/QH14) provides a comprehensive framework for addressing discrimination in the workplace.

Protected Characteristics

Vietnamese law prohibits discrimination based on various characteristics. These include race, skin color, nationality, ethnicity, gender, age, pregnancy, marital status, family responsibilities, religion, political beliefs, disability, HIV/AIDS status, and trade union membership.

Redress Mechanisms

Employees who experience discrimination have several options for seeking justice. These include internal grievance procedures, the Labour Inspectorate, and the courts system. Many employers have formal channels for resolving workplace disputes, including discrimination complaints. The Ministry of Labour, Invalids and Social Affairs (MOLISA) oversees labor inspections and can investigate discrimination allegations. Employees may also file lawsuits in the courts system for severe discrimination cases or when other avenues fail.

Employer Responsibilities

Employers have a significant role in preventing and addressing discrimination. They are required to establish clear anti-discrimination policies that align with Vietnam's Labor Code and communicate them to all employees. Employers should also educate workers on discrimination, harassment, and respectful workplace behavior. Furthermore, they should take allegations seriously, investigate thoroughly, and implement appropriate disciplinary measures as warranted.

Vietnam's labor laws establish basic standards for working conditions. These include regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

The Labor Code (No. 45/2019/QH14) stipulates a maximum of eight working hours per day and 48 working hours per week. Overtime work requires an agreement between employer and employee, with limitations:

• Maximum overtime per month: 30 hours.
• Maximum overtime per year: 200 hours.
• Overtime exceeding daily limit cannot exceed 12 hours.

Rest Periods

Employees are entitled to a minimum of one uninterrupted day of rest per week, typically on Sunday. For workweeks exceeding 48 hours, employees receive additional rest days to reach a total of 48 weekly rest hours. Rest periods during the workday are not explicitly mandated by law, but breaks are common practice depending on the industry and company culture.

Ergonomic Requirements

Specific ergonomic regulations are not outlined in the Labor Code. However, employers have a general duty to ensure a safe working environment, which may include ergonomic considerations. Some industries might have more specific ergonomic standards set by sectoral regulations.

Additional Considerations

Workplace safety regulations are established in separate decrees, focusing on hazard prevention and risk mitigation. Labor unions can play a role in negotiating improved working conditions, including ergonomic considerations, for their members.

Vietnam prioritizes worker well-being through a framework of health and safety regulations. Understanding these regulations empowers both employers and employees.

Employer Obligations

The Labour Code (No. 45/2019/QH14) and Decree No. 40/2012/ND-CP detail employer obligations for workplace safety. Employers must:

• Provide a safe working environment: This includes maintaining machinery, ensuring safe work practices, and mitigating potential hazards.
• Conduct risk assessments: Identify potential hazards and implement control measures to minimize risks.
• Offer personal protective equipment (PPE): Employers must provide and ensure proper use of PPE like gloves, goggles, or respirators.
• Train employees on safety procedures: Workers must receive training relevant to their job tasks and potential hazards.
• Maintain first-aid facilities: Accessible and well-stocked first-aid kits are mandatory.
• Report accidents and occupational diseases: Prompt reporting to the social insurance agency (Vietnam Social Security - BHXH) is crucial.

Employee Rights

Employees have the right to a safe and healthy work environment. This includes:

• Refusal of unsafe work: Employees can refuse work they believe is hazardous without fear of retribution.
• Access to information: Employers must provide safety information and training relevant to employees' roles.
• Participation in safety initiatives: Workers have the right to consult and contribute to workplace safety programs.

Enforcement Agencies

The Ministry of Labour, Invalids and Social Affairs (MOLISA) is the primary enforcement agency. Inspectors ensure compliance with health and safety regulations through workplace inspections. The social insurance agency (BHXH) also plays a role in enforcing safety standards by managing occupational accident and disease insurance.