Why a good employment contract is helpful ?
An employment contract bonds the relationship between two parties: employee and employer. It is an important tool for protecting interest of both parties.
From the employee’s perspective, a good labor contract is beneficial in the following manners:
It secures job for the employee by defining the time frame and conditions for termination of the contract.
It helps the employee to understand what actions they have to do to fulfill their jobs and what actions are against the contract, therefore preventing them from unintended breaching of the labor contract.
It helps the employee to clearly know their rights regarding working conditions, compensation, paid leave, over time pay …
From the employer’s perspective, a good labor contract is beneficial in the following ways:
It secures labor certainty for employer as employees are binding in the labor contract terms, subjected to certain conditions for termination.
It helps to avoid ambiguous words and misunderstanding.
It can help employer to prevent employees from disclosure of trade secrets, confidential information, setting up rival companies, poaching talented staffs.
It is a tool for dispute resolution. It reduces the potential for conflicts between employee and employer, saves time and expense resolving disputes through court litigation.
Consulting attorney prior to entering into employment contracts:
The relationship between employee and employer in Vietnam is governed by the Labor Code, related laws and regulations which are quite complex for non-expert in the subject matter. Further, there are changes in legislation that you may not capture on time. For example, the old law (Labor Code No. 10/2012/QH13) is going to be replaced by the new Labor Code No. 45/2019/QH14 on January 01, 2021. Therefore, consulting DMS Law firm service to craft, review employment contract prior to entering into the contract, is a proactive way to manage your employment relationship. Our service is affordable and customized to each client’s particular needs, as below:
Craft employment contract: If your company wants to tailor employment contract form, DMS Law firm can craft labor contract form with detailed instructions to suit specific situations of your company.
Review executive employment contract: If you are offered a high-level, senior executive position with a contract crafted by the company’s legal department or counsels, often in favorable to the company’s interest, DMS Law firm can review the contract to protect your interest.
Information about the new Labor Code of Vietnam:
On November 20, 2019, the National Assembly of Vietnam approved the (new) Labor Code No. 45/2019/QH14, this Code is going to take effect from January 01, 2021, replacing the (old) Labor Code No. 10/2012/QH13.
Call: 0914165703 or Email: email@example.com
Advisory service to craft, review employment contract in Vietnam
Thi-Ha Nguyen, ACCA
|DMS Law firm in Vietnam|
Lawyer Do Minh Son