Private Client Specific Docs

22 APAC EMPLOYMENT LAW FORECAST 2022 Vietnam The new Labour Code came into effect on 1 January 2021. Decree 145/2020/ND-CP dated 14 December 2020 ("Decree 145") came into effect from 1 February 2021 and clarified various matters on working conditions and labour relations under the new Labour Code Key points under the new Labour Code and Decree 145 include the following: Termination of labour contracts • The new Labour Code has revised certain provisions on responsibilities upon termination of labour contracts, including: (i) Increasing the duration for each party to make full payment of monetary amounts relevant to the interests of the other party from 7 working days to 14 working days from the termination date; and (ii) adding a responsibility on employers to provide copies of documents relevant to the process of the employee's job if the employee so requests and to pay the costs of copying and sending such documents • The new Labour Code and Decree 145 now require a longer period of advance notice (which varies depending on the type of labour contract) for unilateral terminations of a labour contract (whether by the employee or the employer) for certain industries and trades and special jobs (including for enterprise managers as prescribed in the Law on Enterprises) Female employee accommodations • Similar to the old Labour Code, the new Labour Code stipulates that a female employee is entitled during her menstruation to a fully-paid break of 30 minutes every day (for at least three working days in a month), and during the period of nursing a child under 12 months is entitled to a fully-paid break of 60 minutes every day during her working hours However, Decree 145 adds and clarifies that where a female employee does not wish to take these breaks and the employer agrees for her to continue working, then the employee must be paid additional salary according to the work that the employee has carried out during the time of break • An employer employing one thousand or more female employees must install rooms for extraction and storage of breast milk at the workplace This is a new regulation pursuant to Decree 145 Sexual harassment • Pursuant to the new Labour Code, sexual harassment in the workplace is an additional ground for dismissal and is also an additional item that must be included in the employer's internal labour rules • Decree 145 clarifies situations that can constitute sexual harassment and regulates the employers' responsibility for preventing sexual harassment in the workplace. The workplace has been defined to include any place where the employee actually works as agreed with or assigned by the employer, including work-related places or spaces such as social activities, seminars, training, or official business trips, meals, phone conversations, electronic communication activities etc • When there is a complaint or denunciation of sexual harassment in the workplace, the employer must promptly take measures to protect the confidentiality, honour, reputation, dignity and safety for victims of sexual harassment, people making complaints and denunciations and the people the subject of the complaints or denunciations

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