C L A R I D E N October 2014

Transcription

1 C L A R I D E N October 2014 Knowledge for the world business leaders Shangri-La Hotel, Singapore Vietnam HR Employment Law Keeping HR Leaders Updated on the Changes and Challenges on Vietnam Employment Law Faculty Directors Chau Huy Quang Managing Constantly named as Leading Lawyer in Dispute Resolution by Chambers and s, Legal 500, and Asia Law Acted as Legal Counsel to Leading International Corporations such as Perfetti Van Melle Corp, Sony Corporation, Vision Associates, and Deacons Well-known lecturer at the Judicial Academy of the Ministry of Justice of Vietnam Vu Thi Que Was previously the Head of Legal Affairs & Corporate Compliance for Bayer Vietnam Extensive experience in advising multinational corporations in Vietnam on a wide range of legal and compliance issues in connection with employment law Visiting lecturer of Dong A Law School, Dong A University, South Korea Brian Ng Recognized in the 2014 edition of Best Lawyers International in the field of corporate law in Singapore Advised and consulted multinational corporations such as Marel, Marks and Spencer, NetApp, Tower Watson, and Wipro on employment and human resource related matters including termination of employment, employment law compliance issues, secondment, and labor agreements Nguyen Dinh Nha Was previously the Head of the Law Division of Vision Associates, Ho Chi Minh City Extensive experience in advising multinational corporations in Vietnam on a wide range of legal and compliance issues in connection with employment law

2 Vietnam HR Employment Law FACULTY DIRECTORS Chau Huy Quang Managing Constantly named as Leading Lawyer in Dispute Resolution by Chambers and s, Legal 500, and Asia Law Acted as Legal Counsel to Leading International Corporations such as Perfetti Van Melle Corp, Sony Corporation, Vision Associates, and Deacons Well-known lecturer at the Judicial Academy of the Ministry of Justice of Vietnam Mr Quang is currently the Managing of Rajah & Tann LCT Lawyers Vietnam. With over 18 years of experience in legal practice, including several years as legal counsel to leading international corporations (Perfetti Van Melle Corp, Sony Corporation, Vision Associates, Deacons), Mr. Quang is recognized by the legal community as one of the most capable litigators in Vietnam. In recognition of his exceptional achievements, Mr. Quang was personally endorsed by the Legal 500 as a lawyer who resolves a variety of challenging legal matters in Vietnam to get things done; he is also excellent at negotiating legal proceedings and out-of-court settlements. Mr. Quang s dedication to Rajah & Tann LCT Lawyers Dispute Resolution Practice Group has resulted in the team becoming one of the most prolific and knowledgeable practice groups in Vietnam. From , Chambers Global, Legal 500, AsiaLaw, and the 2013 Corporate INTL Legal Awards all recognized Rajah & Tann LCT Lawyers Dispute Resolution Team as one of the leading settlement firms in the region. Under Mr. Quang s leadership, the practice group has successfully dealt with a variety of local and international dispute resolution cases relating to commercial, employment, economic, intellectual property, shipping, and construction law. Rajah & Tann LCT Lawyers has been nominated as the only Vietnamese firm for the Thomson Reuters Commercial Dispute Settlement Firm of the Year at the ALB SE Law Awards in 2013, which highlights the industry s recognition of Rajah & Tann LCT Lawyers Dispute Resolution Team s skill and success. Additionally, Mr. Quang was highly recommended as a leading lawyer in Dispute Resolution by Chambers and s. He is also a well-known lecturer at the Judicial Academy of the Ministry of Justice of Vietnam and a respected arbitrator of the Vietnam International Arbitration Centre (VIAC). Vu Thi Que Was previously the Head of Legal Affairs & Corporate Compliance for Bayer Vietnam Extensive experience in advising multinational corporations in Vietnam on a wide range of legal and compliance issues in connection with employment law Visiting lecturer of Dong A Law School, Dong A University, South Korea Vu Thi Que is the of Rajah & Tann LCT Lawyers Vietnam in charge of Corporate Regulatory, Merger & Acquisition, Project Infrastructure, Real Estate & Construction projects. She has more than twelve years of experience in legal practice and is highly evaluated by clients for her fast response, good business acumen and industry knowledge. Being fluent in both English and Chinese (Mandarin), she advises a variety of English-speaking and Chinese-speaking clients and other multinational clients on a wide range of legal and compliance issues in connection with contract negotiation and drafting, foreign investment, general commercial matters, corporate regulations, mergers and acquisitions, construction, employment and environmental law. 2

3 Vietnam HR Employment Law 2014 Clariden Global Executive Education Before joining LCT Lawyers, she was the Head of Legal Affairs & Corporate Compliance for Bayer Vietnam. In this position, she provided practical guidance and solutions for various legal and corporate compliance issues relating to the core businesses of the company, including consumer care, healthcare, veterinary care, agribusiness and materials science. During her term at Bayer, she was also a Member of the Corporate Business Services Management Team. She graduated from the School of Law of Tsinghua University located in Beij ing China under the Chinese Government Scholarship focusing on civil law and commerce. Before returning to Vietnam, Que worked part time as a paralegal and an interpreter for a number of Chinese companies during her school days. Upon graduation, she was offered to work at the Ho Chi Minh City Office of Baker & McKenzie, a top tier American international law firm. She then continued her legal career in the largest international law firm in France, Gide Loyrette Nouel, as the Head of Chinese Desk. Brian Ng Recognized in the 2014 edition of Best Lawyers International in the field of corporate law in Singapore Advised and consulted multinational corporations such as Marel, Marks and Spencer, NetApp, Tower Watson, and Wipro on employment and human resource related matters including termination of employment, employment law compliance issues, secondment, and labor agreements Brian is currently the of Rajah & Tann LCT Lawyers Vietnam corporate and commercial practice group. Brian has advised a number of international clients and multinational groups on employment and human resource matters, including Marel, Towers Watson, Marks and Spencer, NetApp, Menarini and Wipro. Some of the matters he has advised on include termination of employment, employment law compliance issues, secondments / placements of foreign expatriates, service and labor agreements and arrangements, redundancy issues, union matters etc. Brian was recognized in the 2014 edition of Best Lawyers International in the field of corporate law in Singapore. He is also a member of Singapore Academy of Law and Member of Law Society of Singapore. Nguyen Dinh Nha Was previously the Head of the Law Division of Vision Associates, Ho Chi Minh City Extensive experience in advising multinational corporations in Vietnam on a wide range of legal and compliance issues in connection with employment law Dinh Nha is currently the of Rajah & Tann LCT Lawyers Vietnam. He is in charge of the Banking & Finance, Corporate Regulatory, M&A and Real Estate Practice Groups. With more than 10 years of legal practice, Mr. Nha has counselled legal affairs and compliance for multinational corporations in a wide range of fields including contract drafting and negotiation, foreign investment, general commercial affairs, corporate management, labor law, company policy and M&A and environmental law. One of Nha s greatest strengths is researching and providing corporations with suitable solutions to unprecedented legal affairs and compliance issues. Before joining LCT Lawyers, Nha was the head of the Law Division of Vision Associates, Ho Chi Minh City Office. In this position, he successfully counselled reputable foreign investors in finance, banking, real estate, construction and clean energy. 3

4 Vietnam HR Employment Law EXECUTIVE SUMMARY Program: Dates: Location: Vietnam HR Employment Law - Keeping HR Leaders Updated on the Changes and Challenges on Vietnam Employment Law October 2014 Shangri-La Hotel Singapore Early Bird 1 (Register & pay by 19 August 2014): Early Bird 2 (Register & pay by 16 September 2014): Regular Tuition Fee: S$2,595 S$2,795 S$2,895 Group discount of 10% for 2nd participants from the same organization. For limited time only by 16 September 2014, registration for 3 participants, the 4th participant will receive a complimentary seat (one discount scheme apply). Note: GST is applicable only to participants from Singapore registered companies. Check your eligibility for 60% Cash Back at IRAS website. Program Essence: In light of the changes to the Vietnam Labor Code as well as the recent strikes and anti-china protests, it is critical for businesses in Vietnam to be aware of how the latest amendments to the labor law in Vietnam will affect employers. Thus, this comprehensive two-day executive program is designed to equip you with an in-depth knowledge on the employment law in Vietnam to avoid any potential unlawful practices and employment disputes. Through this program, you will learn how to draft and manage your employment policies, and the legal provisions in employing expatriates in Vietnam. Through the use of case studies drawn from actual legal cases, you will be reviewing the best practices and discussing the pitfalls to avoid during a termination process so as to minimize the company s potential risks of litigation for wrongful termination. Our expert trainers will also equip you with strategies to manage any potential labor disputes that may arise during termination. Finally, you will gain insights to commonly utilized post-termination restrictive covenants in employment contracts. At the end of the program, you will have a deep understanding of Vietnam HR law to ensure that your organization and its policies are fair, compliant, and consistent, and will leave with specific action steps for resolving current and future challenges. PROGRAM INTRODUCTION The new Labor Code in Vietnam took effect on 1 May 2013 which introduces several significant new developments relating to labor contracts, work hours, labor outsourcing, internal labor rules, and foreign employees. New policies, regulations and rules in employment law can be confounding even for the most seasoned HR professionals. Failing to adhere to new regulations and proper administration can put an employer in a vulnerable position and open to the risk of unlawful practices, lawsuits and litigations. Hence, in light of the changes to the Labor Code, as well as the recent anti-china protests, it is critical for businesses in Vietnam to be aware of how the latest amendments to the labor law in Vietnam will affect employers. Designed for HR Professionals, this 2-day program is designed to equip you with an in-depth knowledge on the employment law in Vietnam to avoid any potential unlawful practices and employment disputes. Through this program, you will learn how to draft and manage your employment policies, and the legal provisions in employing expatriates in Vietnam. Through the use of case studies drawn from actual legal cases, you will be reviewing the best practices and discussing the pitfalls to avoid during a termination process so as to minimize the company s potential risks of litigation for wrongful termination. Our expert trainers will also equip you with strategies to manage any potential labor disputes that may arise during termination. Finally, you will gain insights to commonly utilized posttermination restrictive covenants in employment contracts. 4 At the end of the program, you will have a deep understanding of Vietnam HR law to ensure that your organization and its policies are fair, compliant, and consistent, t and will leave with specific action steps for resolving current and future challenges.

5 Program Details WHO WILL BENEFIT THE MOST This course is designed for all Executives, Managers, Directors, Vice Presidents, Supervisors, Superintendent dealing with Human Resource, Learning/Training Development, Organizational Development, Workplace Relations & Compliance, Employment Relations, Talent & Recruitment, Remuneration, Compensation & Benefits, Mediators & Arbitrators of Employment Law, and People Development. This course is also applicable to General Manager, business owners, or those who expecting to have staffing responsibility. KEY HIGHLIGHTS INCLUDE Understand the recent amendments to the Vietnam Labor Code including Labor Outsourcing and how these changes will affect employers Discover the policies that you need to put in the employment contract to overcome restrictive and pro-labor employment laws in Vietnam Be aware of the different legal requirements in hiring expatriates working for foreign employers and Vietnamese employers Learn the different scenarios in terminating employees as well as employer s obligations upon termination Be equipped with strategies to settle any disputes related to payment of bonuses and other forms of remuneration upon termination Learn how to protect your business using commonly used post-termination restrictive covenants and how they can withstand the scrutiny of the court Be involved in actual legal case studies discussion to maximize your learning benefits PROGRAM OUTLINE DAY ONE - MORNING Latest Updates to Employment Law in Vietnam and Its Implication to the Employers This topic provides the latest update as well as a general overview of employment law in Vietnam and discuss the trends and developments that are shaping the legal landscape where employment is concerned, including: Prohibited acts Working age Types of labor contract Concluding labor contracts with multiple employers Probation Working hours Overtime work Annual leave Compulsory insurance Health insurance Social insurance Unemployment insurance Minimum salary Private regulations for female employee Exclusive provisions for under age employees and elderly employees Labor outsourcing Dialogue at the workplace, collective negotiation, collective labor agreement 5

6 Program Outline & Agenda DAY ONE - AFTERNOON Effective Management of Employment Policies This session will focus on the policies that should be put in place, and general guidelines to think about and address, in order to head off typical areas of contention. Recruiting procedure Private information of employees Labor contract conclusion Labor discipline and material responsibility registration of labor rule Union establishment Changes to job duties/position Retirement and re-employment How to establish local employment even before the new office settled in the country, should 3rd party be considered? Mergers, acquisitions and re-organzations: what are your obligations? Competition, confidentiality, retention Strategies to overcome restrictive and pro-labor employment laws Legal regime applicable to foreign employees in Vietnam This session will provide legal provisions of employment law in Vietnam related to foreign expatriates working in Vietnam. Foreign employees working for foreign employers Foreign employees working for Vietnamese employers (including FIEs) Recruiting foreign expatriates Obtaining work permit for foreign expatriates Exemption from work permit Obtaining temporary resident card Administrative sanctions imposed on foreign employees and the companies which they work for due to violation of the work permit conditions DAY TWO - MORNING Termination of the employer-employee relationship This topic examines the different scenarios in which the employer-employee relationship has to come to an end, and outlines best practices and pitfalls to avoid in the termination process so as to minimize the company s potential risk of litigation for wrongful termination. The right to unilaterally terminate the labor contract of employees The right to unilaterally terminate the labor contract of employers Termination on grounds of misconduct Termination on grounds of incompetency/ poor work performance Termination due to redundancy/ Retrenchment Termination without cause i.e. on a no-fault basis Termination on a negotiated basis/ by mutual agreement Termination notices Illegal termination Obligations upon termination Payment of bonuses and other forms of remuneration upon termination 6

7 Program Outline & Agenda Dispute over termination employment contract This topic discusses what is typically payable or not payable to the employee upon the termination of his/her employment with the company, and provides practical suggestions on how best to manage a labor dispute. Principles of settlement of labor disputes Rights and obligations of both parties in the settlement of labor disputes Individual labor disputes Limitation of request for settlement of individual labor disputes Collective labor disputes Limitation of request for the settlement of collective labor disputes Strategies to settle the dispute with the employees Payable to the employee at level of labor mediator Payable to the employee at level of labor court DAY TWO - AFTERNOON Post-termination restrictive covenants One major challenge facing the company is how best to protect its business upon the departure of its key employees. This topic discusses commonly utilised post-termination restrictive covenants in employment contracts, and whether and how they can withstand the scrutiny of the court. Non-solicitation clauses Non-compete clauses Confidentiality clauses Garden leave Case Studies Discussion 7

8 VIETNAM HR EMPLOYMENT LAW October 2014 Shangri-La Hotel, Singapore C L A R I D E N Knowledge for the world business leaders REGISTRATION PAGE Booking Contact (Approving Manager) Mr/Mrs/Ms: Job Title: Department: Telephone: Fax: Organization: Address: Postal Code: I would like to receive more information on hotel accommodation using Clariden Global coporate rate. Please Register the following participant(s) for this Program: 1st Participant Name (Mr/Mrs/Ms): Job Title: Department: Telephone: Fax: Date of Birth: 2nd Participant Name (Mr/Mrs/Ms): Job Title: Department: Telephone: Fax: Date of Birth: 3rd Participant Name (Mr/Mrs/Ms): Job Title: Department: Telephone: Fax: Date of Birth: 4th Participant Name (Mr/Mrs/Ms): Job Title: Department: Telephone: Fax: Date of Birth: PROGRAM FEES 1 ST EARLY BIRD FEE: S$2,595 (Registration and payment must be received by 19 August 2014) 2 ND EARLY BIRD FEE: S$2,795 (Registration and payment must be received by 16 September 2014) REGULAR FEE: S$2,895 GROUP DISCOUNT: For 2 registrations from the same company and billing source, the 2nd participant enjoys a 10% discount. For registrations before 16 September 2014 and for 3 or more participants, the 4th participant will receive a complimentary seat Note: GST is applicable only to participants from Singapore registered companies. Important Notice: Payments are required with registration and must be received prior to the Course to guarantee your place. PAYMENT METHODS BY CHEQUE / BANK DRAFT : Made payable to CLARIDEN GLOBAL PTE LTD and mail to: 3 International Business Park, #04-29, Nordic European Centre, Singapore BY TELEGRAPHIC TRANSFER TO: Bank Name: DBS BANK Bank Branch code: 027 Bank Address: 6 Shenton Way, DBS Building, Singapore Bank Account No: Bank Account name: Clariden Global Pte Ltd SWIFT Code: DBSSSGSG Please note that all bank charges are to be borne by participants. Please ensure Clariden Global Pte Ltd receives the full invoiced amount. Note: Please include invoice number on all payment types and your company s name in your payment instructions for our reference. CREDIT CARD: To make payment by credit card, please call our client services hotline at WAYS TO REGISTER admissions@claridenglobal.com Fax: Call: Website: DATE AND LOCATION This executive program will be held at: Shangri-La Hotel, Singapore October Orange Grove Road, Singapore Tel : Fax : Website : The fee for this two-day executive program includes all written materials, lunch and refreshments. HOW TO REGISTER AND PAY An invoice and registration confirmation will be sent within 7 days, please contact us if you have not heard from us within 7 days. Payment can be made by credit card, by bank transfer or by cheque made payable to Clariden Global Pte Ltd. ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT. ACCOMMODATION Accommodation is not included in the program fee but you will be entitled to use our corporate rate for your accommodation. Information will be sent along with your registration confirmation. ENJOY 60% CASHBACK Productivity and innovation Credit (PIC) scheme allows registered Singaporean businesses to claim 60% cash back or enjoy 40% tax deduction for training. For more information, please visit CANCELLATIONS AND SUBSTITUTIONS Once we have received your booking, the place(s) are confirmed. No refunds will be made for any cancellations, however, program credits of equivalent value only applicable for Clariden Global events will be provided. Credits can only be redeemed for 1 program and is valid for only one (1) year from date of issue. Substitution with a qualified candidate is allowed by providing at least 5 working days of advance notice to Clariden Global. One time substitution is allowed with no charges. Subsequent substitutions will be charged 10% admin fee. ALL CANCELLATIONS MUST BE RECEIVED IN WRITTEN FORM PLEASE NOTE: Clariden Global Pte Ltd reserves the right to change the content and timing of the programme, the speakers and the date and venue due to reasons beyond their control. If in the unlikely event that the course is cancelled, Clariden Global Pte Ltd will refund the full amount and disclaim any further liability. ENQUIRIES: If you have any queries about registration or payment please do not hesitate to contact our client services department on PRIVATE DISCLOSURE STATEMENT: Any information provided by you in relation to this event is being collected by Clariden Global Pte Ltd and will be held in the strictest confidence. It will be added to our database for the primary purpose of providing you with information about future events and services. Visit us at for upcoming events FOR OFFICIAL USE FEE RECEIVED REFERENCE L4120/LC/JN