The workforce plays an important role in promoting economic development, enhancing creativity and innovative mindset, as well as enhancing the competitiveness of the economy both domestically and internationally. Businesses need to make good use of their employees for sustainable development. On the contrary, employees also need to understand labor laws to protect their legitimate rights. Labor consulting lawyers in Da Nang with in-depth practical experience will support and accompany businesses and individuals in resolving any legal problems related to labor.
1. Who is a labor consulting lawyer in Da Nang?
Labor consulting lawyers in Da Nang are a team of lawyers with in-depth knowledge and rich practical experience in labor law, businesses and related legal issues. Their work includes consulting on legal regulations related to labor relations, the rights and obligations of both parties, supporting the drafting of internal labor processes and regulations for businesses, representative to resolve labor disputes in case a dispute occurs.
2. What do labor consulting lawyers in Da Nang perform?
Labor consulting Lawyers are legal experts specializing in the field of labor. Their work includes but is not limited to:
a. Consulting on labor law
- Consulting on labor contracts, rights and obligations of parties in labor relations
- Consulting on cases of termination of labor contracts, unilateral termination of labor contracts, temporary postponement of contract implementation, transfer of employees to jobs other than the labor contract...
- Consulting on allowances, salaries, bonuses, salary increases for employees
- Consulting on policies for employees on maternity leave, work accidents, occupational diseases...
- Consulting on forms and procedures for handling labor discipline
- Consulting on conditions for recruiting and using foreigners to work at the company.
b. Drafting regulations
- Draft probationary contracts, labor contracts, training contracts
- Drafting labor regulations, collective labor agreements, salary and bonus regimes, procedures for signing labor laws...
c. Representative participating in proceedings at Court
- Drafting lawsuit documents, related documents and representing the collection of evidence and related documents to support dispute resolution
- Representing Employees/Companies to participate in protecting legal rights and interests in Court.
3. What skills do good labor consulting lawyers in Da Nang need to have?
To become a good labor consulting lawyer, not only requires professional knowledge but also communication, negotiation, time management skills and acumen in situation analysis. Below are some important skills that labor consulting lawyers need to have:
- Solid legal knowledge: Labor consulting lawyers need to clearly understand and master regulations and legal documents related to the labor field, including but not limited to labor law regulations, employment, insurance, business.
- Research and analytical skills: The ability to conduct in-depth research and analyze legal information is crucial for applying the law in practice and advising clients.
- Communication skills: Effective communication skills are essential for labor consulting lawyers to convey legal information clearly and comprehensibly to clients. This includes active listening and providing accurate and understandable answers to questions.
- Negotiation and persuasion skills: In the process of resolving disputes or negotiations, the ability to negotiate and persuade is vital to achieve positive outcomes for clients.
- Time management and pressure handling skills: Labor consultant lawyers often have to handle multiple projects and cases simultaneously. Time management and being able to withstand pressure are decisive factors for their work performance.
- Sharpness and meticulousness: In a legal field such as labor law, sharpness and meticulousness in analyzing situations and legal documents are necessary to avoid regrettable mistakes.
4. Why do you need the help of a labor consulting lawyer in Da Nang?
Not all employees and businesses understand the legal regulations related to labor. Although it is possible to search for information via the internet, it must be emphasized that not all issues concerning employees and businesses can be resolved correctly under the law while protecting their legal rights and interests optimally. Attempting to handle tasks without proper understanding can lead to a significant waste of time, effort, and money. In such cases, the presence of labor consultants in Danang is necessary because:
- Labor consulting Lawyers in Danang have a deep understanding of labor laws, related legal sectors, and extensive practical experience in advising on legal matters and participating in labor dispute resolution.
- Clients will be advised on legal regulations related to labor laws, the employment relationship between employers and employees, potential legal risks, and appropriate resolution strategies to minimize legal risks.
- Clients will save costs, travel time, and will be guided through the process of resolving their requests in detail.
- The fees for retaining labor consulting Lawyers in Danang are suitable for needs and financial situation of clients.
5. How to find a labor consulting Lawyer in Da Nang?
Are you looking for Labor consulting Lawyer in Danang? The team of experienced labor consulting Lawyers at Phong & Partners is proud to be one of the leading teams you may need in Da Nang.
With English communication skills as well as experience and understanding of the Labor Code and related legal regulations, Labor consulting Lawyer in Danang at Phong & Partners can provide appropriate advice and solutions for foreign clients. If you would like to learn more about Labor consulting Lawyer in Danang at Phong & Partners, please see the details below:
Headquarters in Danang:
- Address: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh, Danang - 0905.102425
- Phone: 0236.3822678
- Email: phongpartnerslaw@gmail.com
- Website: https://phong-partners.com
Branch Offices:
- Phong & Partners Law Office in Son Tra District: 01 Dong Giang, Danang - 0905.205624
- Phong & Partners Law Office in Lien Chieu District: 21 Truong Van Da, Danang - 0961.283093
- Phong & Partners Law Office in Ngu Hanh Son District: 03 Chu Cam Phong, Danang - 0905.579269
- Phong & Partners Law Office in Cam Le District: 346 Cach Mang Thang Tam, Danang - 0901.955099
6. FAQ related to Labor consulting Lawyers
6.1. What documents need to be prepared when asking a lawyer for labor advice?
When seeking legal advice from a lawyer regarding labor-related issues, preparing necessary documents will facilitate a smooth and effective consultation process.
- Employment contract (if available): The employment contract helps the lawyer understand the regulations, terms, and obligations of both the employee and the employer in the labor relationship.
- Relevant information about the labor law issue: Any relevant information regarding the issue you seek advice on, such as evidence, documents, emails, messages, these documents assist the lawyer in fully and accurately assessing the matter to be resolved.
- Personal documents: Identification card or passport, these documents help verify your identity and provide personal information related to labor rights.
- Other relevant documents: Other related documents concerning the issue for consultation, such as work certificates, payroll records, disciplinary decisions, help the lawyer gain an overall understanding of the situation.
- Preparing these documents thoroughly will enable the lawyer to provide accurate and effective advice, while also making the work process flexible and efficient.
6.2. What types of labor contracts? Can I sign multiple labor contracts with multiple employers?
- Classification of contracts:
Article 20.1 of the Labor Code stipulates as follows:
“1. Labor contracts must be concluded in one of the following types:
a) Indefinite-term labor contract is a contract in which both parties do not specify the term or the time of termination of the contract's validity;
b) Fixed-term labor contract is a contract in which both parties specify the term and the time of termination of the contract's validity within a period not exceeding 36 months from the effective date of the contract.”
From the definitions above, it can be seen that labor contracts are classified based on the contract's term, thereby divided into fixed-term or indefinite-term contracts. Among them, for fixed-term labor contracts, the maximum term agreed upon is 36 months, equivalent to 03 years.
- The issue of entering into multiple contracts:
Article 19 of the 2019 Labor Code, which regulates the conclusion of multiple labor contracts as follows:
“Article 19. Conclusion of multiple labor contracts
1. Employees may conclude multiple labor contracts with multiple employers but must ensure the full implementation of the agreed contents.
2. If employees simultaneously conclude multiple labor contracts with multiple employers, participation in social insurance, health insurance, unemployment insurance shall be carried out in accordance with the provisions of the law on social insurance, health insurance, unemployment insurance, labor safety, and hygiene."
Therefore, employees are allowed to conclude multiple labor contracts simultaneously but must ensure full implementation of the agreed contents.
6.3. What cases does the employer have the right to unilaterally terminate the labor contract?
Based on the 2019 Labor Code, employers are entitled to unilaterally terminate labor contracts prematurely with employees under the circumstances specified in Article 36, as follows:
“a) Employees regularly fail to fulfill their job duties as evaluated according to the completion criteria set forth in the employer's assessment regulations. The criteria for assessing job performance are issued by the employer but must consider the opinions of labor representative organizations at the grassroots level;
b) Employees are sick or injured, have received medical treatment continuously for 12 months for indefinite-term labor contracts or for 6 consecutive months for fixed-term labor contracts with a duration of 12 to 36 months or over half the duration of the labor contract for fixed-term labor contracts with a duration of less than 12 months, and their ability to work has not yet recovered. When the employee's health is restored, the employer shall consider renewing the labor contract with the employee;
c) Due to natural disasters, fires, dangerous epidemics, enemy sabotage, or relocation, downsizing of production or business operations at the request of competent state authorities despite all efforts by the employer to remedy the situation, the workplace must be reduced;
d) The employee is absent from the workplace after the deadline specified in Article 31 of this Code;
đ) The employee reaches retirement age as prescribed in Article 169 of this Code, except in cases of other agreements;
e) The employee voluntarily resigns without valid reasons for 5 consecutive working days or more;
g) The employee provides dishonest information as stipulated in Article 16.2 of this Code during the conclusion of the labor contract, affecting the recruitment of employees.”
Unilateral termination of the labor contract must comply with the notice period for the employee. As follows:
- When unilaterally terminating the labor contract in the cases specified in Points a, b, c, dd and g, Clause 1 of this Article, the employer must notify the employee in advance as follows:
+ At least 45 days for labor contracts of indefinite term;
+ At least 30 days for fixed-term labor contracts with a term from 12 months to 36 months;
+ At least 03 working days for fixed-term labor contracts with a term of less than 12 months and for the cases specified in Point b, Clause 1 of this Article;
+ For some specific industries, professions, and jobs, the notice period is implemented according to the Government's regulations.
- When unilaterally terminating the labor contract as prescribed in Points d and e, Clause 1 of this Article, the employer does not have to notify the employee in advance.
6.4. My employer transfer me to a job that is different from the signed labor contract, do I have the right to refuse?
To determine whether you have the right to refuse to perform a different job than specified in the contract, it is necessary to first establish whether the employer's decision to transfer you to a different job complies with legal regulations.
In accordance with Article 29 of the 2019 Labor Code, an employer is only permitted to assign an employee to perform a different job than specified in the labor contract if there are grounds falling within one of the following circumstances:
- When faced with unforeseen difficulties caused by natural disasters, fires, or dangerous epidemics endangering human life and health.
- Due to the production or business needs of the employer. In this case, the employer must specifically stipulate in the labor regulations the circumstances under which this reason may be used to temporarily assign employees to perform different jobs than specified in the labor contract.
- To implement measures to prevent and remedy occupational accidents and diseases.
- To address electrical or water incidents.
If the situation does not fall within any of the above cases, the employer is not permitted to assign the employee to perform a different job than agreed upon in the initial contract without the employee's consent.
There are thus four situations in which the employer is authorized to assign work not specified in the contract to the employee. In such cases, the employee is obliged to comply with the employer's arrangements and adhere to the regulations regarding job assignments. However, the law only allows the employer to assign employees to perform different jobs than specified in the labor contract for a maximum of 60 cumulative days per year. If this period exceeds 60 days, written consent from the employee is required.
Consequently, there are three cases in which the employee has the right to refuse to perform a different job not specified in the labor contract, specifically:
- If the reasons provided by the employer do not fall within the four reasons recognized by law.
- If the employer continues to request the employee to perform work not specified in the labor contract after 60 working days.
- If it is determined that performing such work poses a clear and direct threat to the health or life of the employee during the execution of the work, as stipulated in point d, Clause 1, Article 5 of the 2019 Labor Code.
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