Labor Law


  • Govern relationships between employers employees under employment contracts
  • Related relationships.

•Employees’ rights and obligations under employment contracts

•Employers’ rights and obligations under employment contracts

Create and ensure employments for everybody

Responsibilities to train and improve vocational skills

Roles and responsibilities of labour union in labour relationship

Participate in social insurance

How to settle labour disputes

Employment contract: an agreement between the employee and the employer on the paid job, work conditions, the rights and obligations of each party in the labor relation

Employees: Individuals ( work under employment contract, receive salaries)

Employer: Enterprises, agencies, organisations, cooperatives, households and individuals having full civil act capacity

Featutres:
Nature: An agreement
Contractors: employers and employees
Main contents: Paid job, Work condition ,The right and obligation of each party

freely concluded in compliance with the law, collective labor agreement and social ethics

conducted voluntarily, equitably, affably, cooperatively and truthfully

Employment Agreement

Fixed term employment contracts

Employment contracts without fixed tem

Regular job

Individuals only ≥15

Individuals (≥ 18) and organizations

Term: ≤36 months

Probation

Times: 1 time

Term:

  • Managers in an enterprise: ≤ 6 months
  • College: ≤ 2 months
  • Intermediate: 1 month
  • Others: 6 working days

Time: 2 times -> 3 times (except):

foreigners, with retirees

Termination (Unilaterally)

Contracts: <12 months

  • Employees: no reasons, inform in advance
  • Employers: Reason - art36

Term: 1⁄4 term – special jobs -> 3 days

Contracts: > 12 months

  • Employees: no reasons, inform in advance
  • Employers: reasons – art 36

Term: 120 days – special jobs -> 30 days

Probation : as same as Fixed term employment contracts

Termination (Unilaterally)

no reasons, inform in advance:

  • 120 days –> special jobs
  • 45 days –> others
  • Except: cases in article 35.2
  • Employers: reasons – art 36
  • 120 days – special
  • jobs, 45 days – others
  • Except: cases in article 36.1

Termination Contract

Terminate employment contract

Severance pay (S)

Redundancy pay (R)

  • Term expired (S)
  • 2 parties agree (S)
  • Job completed (S)
  • 1 side dead, lost capacity (S)
  • Retire (S)
  • Death penalty, imprisonment, prohibited (S)
  • Unilaterally termination (S)
  • Changes in mechanism & technology (R)
  • Economic reasons (R)
  • Structural reorganization (R)

Non:

  • Severance pay
  • Redundancy pay
  • Disciplinarily dismissed (Non)
  • Foreigners: expulse (Non)

Illegally unilateral terminate

Employees

  • No severance pay
  • 1⁄2 monthly salary
  • Salary for unnoticed day
  • Return training cost

Employers

Pay salary & social, health, unemployment insurance

Employers: 10.5%
Employees: 22%

  • 2 months salary
  • Salary of unnoticed days
  • Re-employ:

Employees refuse: severance pay

Employers refuse: severance pay + 2 months salary

Employment Agreement + no available position: negotiate