Legal Advice

Legal Advice on Labour & Employment

The Phuoc & Partners Labour and Employment Lawyer Practice strive for excellence in client service. Over nearly 15 years, our lawyers have helped clients navigate the ever-changing landscape of Vietnamese laws that govern the workplace.

Few law firms have Phuoc & Partners’ experience in dealing with virtually every type of labour & employment lawyer issue that may confront a business. Whether our clients are emerging or established businesses, we partner with our clients to achieve a competitive edge in a full range of labour and employment lawyer issues that affect our clients’ “bottom line.”

We get to know our clients and their industries, assist them in devising solutions to employment problems that affect the efficiency and productivity of our client’s workforce.

From financial services to pharmaceuticals to real estate – to name only a few – we understand our clients’ industries and needs. From the conference room to the courtroom, we can help our clients with it all; employment counselling and litigation, complex employment and employee benefits litigation, single-employer and industry-wide collective bargaining, local labour authority related matters, intellectual property disputes, and intricate employee benefits matters. Our lawyers have the experience and the commitment to excellence that our clients need to make it possible for our clients’ business to achieve its goals.

Phuoc & Partners lawyers are recognized as seasoned counsellors in the intricacies of the Vietnamese Labour Code and with the State authorities and agencies and courts that administer those laws. Our lawyers have in-depth knowledge of government affirmative action requirements and can fluently advise clients on compliance with the labour laws.

1. Employment counselling

We help our clients obtain the services they need to effectively manage complex and ever-changing legal, compliance and human resources challenges.

Vietnam-based companies and companies with operations in Vietnam frequently require quick answers and solutions to complicated Vietnam labour law issues. To meet this need, Phuoc & Partners has assembled a team of our lawyers whose day-to-day practice is devoted solely to advising on labour, employment, and benefits matters.

Our team consists of lawyers based in our Ho Chi Minh City, Hanoi and Da Nang offices who collectively have decades of experience with the nuances of Vietnamese labour law. These lawyers provide advice on a full range of employment issues and represent employers in Government proceedings, litigation, and corporate transactions. This team is well-versed in Vietnam’s unique approaches to personnel issues, and how its quirky labour law sections can sit quietly as traps for the unwary, snaring corporations that do business in Vietnam.

We partner with our clients to quickly and successfully address the day-to-day human resources and employment law issues that arise with respect to their Vietnam job applicants, employees, and former employees. We can provide such legal advice under a monthly retainer agreement, fixed fee or regular hourly rate billing depending on the selection of our clients. Key specialty areas include: a. Policy and compliance audits

We review documents such as employee handbooks and manuals, internal labour regulations, used by clients throughout the full life cycle of the employment relationship for compliance with Vietnam labour law. Our lawyers will also work with our clients to amend their human resource procedures to avoid conflict with Vietnamese labour law.

b. Policy, agreement and plan drafting

We regularly review, revise and draft documents that comply with Vietnam labour law, including independent contractor contract; labour contract, confidential information and nondisclosure agreement, non-compete agreement; retention, separation, general release and severance mutual agreements; incentive and discretionary compensation agreements and plans; employment policies; offer letters, disciplinary meeting minutes and performance improvement plans.

c. Process toolkits

We provide our clients with comprehensive flowcharts and supporting internal standard forms for many labour and employment law related matters, including but not limited the process of entering into, amending and terminating labour contracts, the process of labour discipline, the process of settling labour disputes etc.

d. Workforce change

We address and help our clients manage the broad spectrum of employment and labour issues that arise in restructuring and reorganization situations, including workforce reductions, plant closings and relocations, outsourcing and off-shoring.

e. Corporate transactions

We address and help our clients manage the full range of employment, labour, benefits, equityand executive compensation issues that arise in corporate transactions such as mergers, sales, acquisitions, spin-offs, and start-ups, including the drafting and review of representations and warranties, closing conditions, due diligence and risk assessment; hiring and transitioning of employees; key employee retention and workforce integration.

f. Investigations, audits, and claims by Vietnamese Governmental agencies

We represent and defend our clients in investigations, audits and claim proceedings before the local Governmental agencies.

g. Vietnam employment health check review

We will conduct a Vietnam employment health check review to ensure our client is compliant with Vietnamese labour law and also review documents, policies, and procedures covering the entire employment life cycle from initial employment through termination. At its conclusion, we will assess the clients’ specific areas of vulnerability. Our clients will then receive a report regarding those areas, including issues specifically related to Vietnam law that require attention.

h. Vietnam employment due diligence

In M&A deals, labour and employment lawyer issues are one of the key areas that sellers pay close attention to. Our service assesses the employment documents and information of the buyer’s business provided to provide opinion on risk issues associated with the targeted business and our technical and practical recommendations for compliance with the buyers’ decision.

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