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What Chinese shoe factories must know in Vietnam

Photo Source: International Trade Information Network

Vietnam has a significant geographical advantage in the construction of the “Belt and Road” and is the only country in Southeast Asia that is connected to China's land and sea.

According to Vietnamese local laws, workers must be 15 years old. It is forbidden to arrange for underage workers (under 18 years of age) to work in an environment that is overworked, exposed to poisons, dangerous, may have adverse effects on workers, or may have adverse effects on workers.

Generally speaking, there are three types of labor contracts: an indefinite labor contract with an indefinite cooperation period between the employee and the employer; a fixed-term labor contract between the employee and the employer that determines the cooperation period of 12 months to 36 months; A sex labor contract or a labor contract for a fixed job of less than 12 months.

Yanshi Lanxiang said that local workers usually work no more than 8 hours a day. Overtime hours cannot exceed 50% of normal working hours and must be less than 200 hours/year. The overtime hours of the textile industry, footwear industry, agriculture, forestry and fisheries processing industry cannot exceed 300 hours/year. Workers have the right to enjoy a single or double break (according to each company's regulations) and can be arranged on Saturdays or other dates. The rest period during work hours is a paid break.

In addition, companies that employ more than 10 workers must have labor regulations.

The main contents of the document include: working hours, rest time; public security regulations; labor safety, health related regulations; corporate property, business policies, communication technology, the creation of confidentiality of relevant provisions; violation of labor discipline and the form of material liability Provisions. Enterprises must go to the local labor and social management department to register labor regulations, and the government agencies will take effect after 15 days of receiving the information.

In Vietnam, workers can sign collective labor agreements with companies to protect their rights.

The collective labor agreement is a labor condition document negotiated and agreed between the labor collective and the working laborer. It must not violate the Vietnamese legal provisions and protect the labor rights not mentioned in the law. Within 10 days after the contract is signed, the employer must submit a collective labor agreement to the local Social Invalidation Labor Department. After signing the collective labor agreement, the employer is obliged to publicize this agreement to all employees. The collective labor agreement needs to specify the date of commencement of the agreement. If the collective labor agreement does not indicate the date of commencement, the date of signing the contract shall be the effective date, and the validity period shall be 1 to 3 years.

Labor discipline is a common employee management issue. Enterprises must comply with labor laws, collective labor agreements and company labor regulations. According to the procedural regulations, the enterprise issues a notice to the laborer, the labor union holds a labor discipline disciplinary meeting, and then issues a disciplinary decision.

“It is worth noting that employers must prove the mistakes of the workers in order to be disposed of and the employer must specify the dismissal provisions in the labor regulations. Common situations in which dismissal measures can be taken include: theft, corruption, gambling, deliberate injury, in the workplace. Internal drug abuse, leakage of employer technology secrets, technology secrets, infringement of intellectual property rights, serious damage to employers' assets and interests or serious damage caused by threats; violation of discipline is subject to disciplinary action to extend recidivism during the period of salary increase or dismissal after dismissal; If there is a lawsuit for illegal dismissal, the employee should be reinstated and pay the wages of the laborer who violated the law. The insurance and the two-month salary, such as the laborer, do not intend to reinstate the employer. Still have to pay the severance payment. If the worker does not intend to reinstate, the employer does not intend to accept it. In addition to the gold listed above, the two parties may negotiate to compensate the worker for the two-month salary on the labor contract. If the employer does not notify the employee to dismiss the employee in advance, the employer needs to compensate the worker for the salary of the worker who did not receive the notice of dismissal.

Yanshi Lanxiang reminds Chinese companies to pay special attention to Vietnamese regulations on foreign workers. Foreigners working in Vietnam must hold a work permit, except for the issuance of work permits. Only prospective companies employ foreign workers, and Vietnamese workers cannot meet the positions required for production and operation, such as executive presidents, management experts and technical experts. The enterprise shall explain the employment labor demand to the relevant Vietnamese authorities, and apply for a work permit for foreign workers. The work permit period is up to 2 years.

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