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Employment

Our employment lawyers specialise in a wide range of employment matters across all industry sectors. With a new Labour Code in Vietnam effective from May 2013, investors and clients are anxious to be on top of the new legislation. Our team provides regular advice and updates on changes that affect the day-to-day operations of companies in Vietnam. We also work closely with overseas clients looking to invest in Vietnam by keeping them well-informed of the latest guidelines and changes to the employment regulatory framework in Vietnam.

Recent Work

  • Advising and preparing employment contracts, internal labour rules and a collective labour agreement for a multinational establishing operations in Vietnam.

  • Advising on the disciplinary action and potential dismissal of a senior staff member in Vietnam.

  • Advising on a client’s new management organisation and the legal risks it might bear in relation to locally engaged employees.

  • Advising on the termination of a senior employee.

  • Advising a leading publisher of scientific and medical literature on potential employment issues arising from the proposed opening of a representative office in Vietnam and advising on the procedures and viability of a  representative office.

  • Advising a major multinational advertising client on the disciplinary action and potential dismissal of a Director in the agency in Vietnam, including reviewing terms and conditions of employment, internal labour rules and global employment policies.

  • Advising on the law relating to the transfer of employees on the sale of a business.

  • Advising a foreign bank operating in Vietnam on the legal implications relating to the termination of employment of a senior expatriate employee (engaged on a local Vietnamese contract) and a Deed of Release to be signed by the parties.

  • Advising a major foreign invested enterprise on its ability to terminate an employment contract in accordance with the laws of Vietnam and minimising the client’s financial obligations.

  • Advising an IT services and software outsourcing solutions provider on its proposal to apply for approval of its Employee Stock Options Plan (ESOP).

  • Acting for an employer in regard to a termination of employment dispute involving one of its employees and which, at the time of engagement, was before the courts.

  • Advising a subsidiary of an offshore web-technology outsourcing company on its detachment of a manager employed by the main office upon its establishment of a representative office in Vietnam.

  • Advising on the law relating to the transfer of employees on the sale of a business. Frasers’ advice included the requirements under Vietnamese law for consultation with employees and their representatives prior to any transfer, the provisions for automatic transfer of employees on the sale of a business and the consequences for failing to transfer employees including liability for termination and severance payments.

  • Advising a global auditing firm in relation to the review of its employment contracts.