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.