LABOR LAW CONSULTING LAWYER SERVICES

Pursuant to Clause 1, Article 20 of the Labor Code 2019, there are 02 types of labor contracts including:

• An indefinite-term labor contract is a contract in which the two parties do not determine the term and the time of termination of the contract’s validity;
• A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity for a period not exceeding 36 months from the effective date of the contract.

Article 34 of the Labor Code 2019 stipulates cases of termination of a labor contract such as the expiration of the labor contract, the completion of the work according to the labor contract, the two parties agree to terminate the labor contract, the employee is sentenced to imprisonment but is not entitled to a suspended sentence, …

According to current laws, enterprises must pay compulsory social insurance regimes for employees, including:

• Social insurance: including 03 funds: sickness, maternity, death fund; fund for labor accidents and occupational diseases; pension and death funds.
• Health insurance: help employees receive medical examination and treatment, buy medicines, medical supplies, pay hospital fees as prescribed.
• Unemployment insurance: helps employees get unemployment benefits when they lose their jobs.

According to the provisions of Article 15 of the 2019 Labor Code, a labor contract is an agreement between an employee and an employer on employment, salary, social insurance and other working conditions. An enterprise that fails to sign a labor contract with an employee is a violation of this provision and will be administratively handled according to the provisions of Decree No. 12/2022/ND-CP.

According to the provisions of Article 90 of the Labor Code 2019, salary is the amount of money that an employer pays an employee as agreed upon to perform the job, including the salary according to the job or title, salary allowances and other supplements. Enterprises paying wages lower than the prescribed level are violations of this regulation and will be administratively handled according to the provisions of Decree No. 12/2022/ND-CP.

According to the provisions of Article 168 of the Labor Code 2019, employers must pay social insurance, health insurance and unemployment insurance for employees in accordance with the provisions of law. Enterprises that fail to pay insurance to employees will be administratively handled according to the provisions of Decree No. 12/2022/ND-CP.

According to the current law, employers must pay an insurance rate of 21.5%, including:

• Social insurance: 18%, of which:

          – Sickness and maternity fund: 3%

          – Retirement and death fund: 14%

          – Labor accident and occupational disease fund: 0.5%

• Health insurance: 3%
• Unemployment insurance: 1%

To participate in compulsory social insurance, businesses need to carry out the following procedures:

• Compulsory social insurance registration
• Apply for compulsory social insurance
• Compulsory social insurance payment

Monthly salary for social insurance contributions is the salary, salary, remuneration and monthly salary calculated for compulsory social insurance contributions of employees in accordance with law.

• Social insurance contribution salary is the monthly salary for compulsory social insurance contributions of employees.
• The maximum salary for social insurance contributions is 20 months of base salary.
• The minimum social insurance contribution wage is equal to the regional minimum wage.
• Thus, the salary of social insurance contributions may vary depending on the employee’s monthly salary and the base salary.

The handling of labor discipline must be carried out in accordance with the process and order specified in Article 122 of the Labor Code 2019. The process of handling labor discipline includes the following steps:

• Step 1: Confirm the employee’s violation
• Step 2: Notification of violations of employees
• Step 3: Holding a meeting to handle labor discipline
• Step 4: Issuance of decisions on handling labor discipline
• Step 5: Publicly announce decisions on handling labor discipline

If the employer handles labor discipline in accordance with the process and order, the employee has the right to complain or initiate lawsuits in accordance with the provisions of the law.

• Employers should pay attention to properly identifying violations of employees. If the violation is wrongly identified, the employer will not be able to apply labor discipline to the employee.

• The employer should ensure the notification of violations of employees, participants in meetings, competence, subjects of handling labor discipline and the statute of limitations for handling labor discipline,…

• Pursuant to Article 187 of the Labor Code 2019, agencies, organizations and individuals competent to settle individual labor disputes include:

1. Labor mediator;
2. Labor Arbitration Council;
3. People’s Court.

The union building process includes the following steps:

• Step 1: Gathering workers
• Step 2: Submission of trade union formation documents
• Step 3: Organization of the Congress for the establishment of grassroots trade unions
• Step 4: Announcement of establishment of grassroots trade unions
• Step 5: Registration of trade union activities

After completing the above steps, the grassroots trade union was officially established and operated.

Enterprises should be aware of the following issues when building unions:

• It is necessary to gather a sufficient number of workers to voluntarily join the union.
• The dossier of union formation must be fully and validly prepared.
• The congress for the establishment of grassroots trade unions must be held in accordance with regulations.
• The executive committee of grassroots trade unions must be elected democratically and transparently.
• Grassroots-level trade unions must be registered with competent state agencies.

When the company does not understand the labor law, it will encounter the following difficulties:

• Affecting the rights of employees: Failure to understand labor laws may cause employers to improperly exercise their rights and obligations towards employees, leading to employees not fully enjoying their rights as prescribed by law.
• Causing labor disputes: Violations of labor laws by employers can lead to labor disputes between employers and employees. Labor disputes can affect the production and business activities of enterprises.
• Causing damage to enterprises: Violations of labor laws can cause enterprises to be subject to administrative sanctions, even compensation for damage to employees

VPL is a reputable law firm with many years of experience in consulting labor law for businesses. With a team of experienced lawyers and labor law consultants, VPL has advised and supported many enterprises in implementing labor laws, avoiding violations of the law and arising labor disputes.

Some notes when choosing labor law consulting services:

• Prestige of the law firm: This is the most important factor when choosing labor law consulting services. You should learn about the reputation of the law firm, including its experience, expertise, team of lawyers and employment law consultants,…
• Expertise of lawyers and consultants: You should learn about the expertise and experience of lawyers and employment law consultants before choosing.
• Consulting costs: You should refer to the consulting costs of many law firms before choosing.
• Enthusiastic and professional consulting team: The consulting team needs to be enthusiastic and professional, ready to answer questions and support customers in the best way.

To use labor law consulting services, enterprises need to prepare some of the following contents:

• Information about the enterprise: Includes enterprise’s name, head office address, phone number, email,…
• Issues to be consulted: Enterprises need to clearly state the issues that need advice, including specific problems, questions, difficulties that businesses are facing.
• Relevant documents: If there are documents related to the issue that need advice, enterprises need to provide them to the law firm to support the consultation more accurately and effectively.

The contents of VPL’s labor law consultancy services include the following issues:

• Consulting on the provisions of labor law on labor contracts, wages, allowances, working hours, rest time, labor discipline. Labor dispute settlement
• Consulting on labor-related administrative procedures
• Consulting on labor-related documents and documents
• Consulting on other labor-related legal issues

VPL has a team of lawyers specializing in consulting enterprises. Therefore, when receiving the request of the enterprise, within 24 working hours, the lawyer will give advice to the client through forms such as phone, email, issuing legal opinions in writing,… For complex things, that need time to study documents, the Lawyer will notify the time to respond to the consulting opinion of the enterprise.

VPL has labor law consulting service packages for enterprises such as: a Basic package, Professional package, prosperity package,… Enterprises can see more here: https://vanphuclawfirm.com/luat-su-tu-van-phap-luat-lao-dong/

VPL understands that enterprise information is a valuable asset and needs to be protected, so VPL is committed to protecting information for enterprises. VPL commits to use enterprise’s information carefully and confidentially, only for consulting purposes and not to disclose to any other third party without the consent of enterprises.

When enterprises encounter legal problems, VPL will advise enterprises according to the following steps::

• Step 1: Receive information from the business
• Step 2: Analyze legal issues
• Step 3: Consulting for enterprises
• Step 4: Support enterprises to implement legal solutions

VPL will advise you comprehensively and accurately, based on the knowledge and experience of VPL’s experienced lawyers. VPL will always listen and understand the needs of enterprises to offer the most suitable legal solutions.

VPL provides legal consulting services for businesses nationwide.

VPL has a team of experienced lawyers and experts who can communicate and consult directly in languages such as English, Chinese, Korean,….

Within 24 hours after receiving the service quotation request, VPL will send a service quotation proposal to the information you register (except for holidays, Tet holidays and Saturday, Sunday).

When using VPL’s services, customers must advance 50% of the service value immediately after the two parties sign the Legal Services Contract.

When customers use VPL’s services, VPL will issue full invoices and documents according to the provisions of the Law on Tax Administration.

In case VPL fails to complete the work as agreed upon in the Contract, VPL will refund the full amount received from the customer, unless the customer unilaterally terminates the Contract illegally.

When customers use VPL’s services, the two parties will sign a Legal Service Contract which clearly states the scope of work, service fees, rights and obligations of the parties, work results and other terms as prescribed by law.

VPL’s lawyers and experts will support consulting, negotiating and negotiating at the client’s company for cases that need advice and direct work.

Labor law consultancy for enterprises is an activity of providing information, explanation, guidance and advice to enterprises on labor-related legal issues.

The purpose of labor law consultancy for enterprises is to help enterprises understand the provisions of labor law, thereby developing and implementing labor policies and regulations in accordance with the provisions of law and ensuring the legitimate rights and interests of enterprises and employees.

When enterprises use VPL’s labor law consulting services, VPL’s experienced lawyers will represent clients to work with employers when authorized by customers.

After receiving dossiers and requests from enterprises, within 24 working hours, VPL will give advice to customers through forms such as phone, email, issuance of legal opinions in writing,… For complex things that need time to study documents, VPL will notify the time to respond to consulting comments to enterprises.

The development and implementation of labor policies and regulations in accordance with the provisions of labor law will help enterprises improve operational efficiency, create a good working environment for employees and promote the development of enterprises. Using labor law consulting services for enterprises has the following benefits:

• Help enterprises understand the provisions of labor law
• Help enterprises avoid legal risks in the field of labor
• Help enterprises solve labor-related legal issues quickly and efficiently
• Save time and costs
• Improve the operational efficiency of your enterprise

Forms of labor law consulting for enterprises include::

– Written consultation

– Direct consultation at the business office.

– Consulting via phone, email,…

– Consulting through legal consulting software and applications

The fee for labor law consulting services for enterprises depends on many factors such as workload, complexity of work, reputation of law firms,… In addition, the fee for labor law consulting services also depends on the service packages that the enterprise chooses.

The answer is definitely yes. Labor law is a complex and ever-changing area of law. Therefore, understanding the provisions of labor law is very important for enterprises. Experienced and professional labor lawyers will help enterprises understand the provisions of labor law, thereby developing and implementing labor policies and regulations in accordance with the provisions of law and ensuring the legitimate rights and interests of enterprises and employees.