On 18/06/2012, Vietnam National Assembly has approved and published the
new amended Labor Law 2012. There are seven (07) amended clauses shall pay
attention as below:
1. The salary in the probation period shall be at least
equal 85% of the official monthly salary, pursuant to Article 28 of the new
Labor Law; instead of rate of 70% in the current law.
2. The amendment on dialogue at the workplace is
mentioned and specified from the Article 63 to Article 65 of the new Labor Law.
3. An extra pay of at least 20% for overtime working in
the nighttime will be paid to employee beside the regular unchanged terms on
overtime payment, that is salary of working overtime is at least equal 150% in
the working days, 200% in the weekend days, and 300% in the holidays, and the
salary of the nightshift is at least equal 130%.
4. Working hour at night is counted from 22:00 to 6:00
mentioned at the Article 105 in the new Labor Law; instead of from 22:00 to
6:00 or 21:00 to 5:00 depending on its geography as per current regulation.
5. There are 5 days off for the Lunar New Year instead of
4 days as current. According to this change, the total days off for the holiday
are 10 days instead of 9 days as current. Moreover, there is a new regulation
for the expat in the Article 115: “Foreign workers in Vietnam, in addition to
the public holidays stipulated in clause 1 of this Article, is entitled to one
(01) traditional public holiday and one (01) National Day of his/her country,
both fully paid based on employment contract. Where a holiday referred to in
clause 1 of this Article coincides with a weekly day off, employee is entitled
to take the following day off as compensation.”
6. At the Article 157 of the new Law, maternity leaves
are increased from four (04) months to six (06) months for a female employee
who works in a normal work condition. In case of female employee gives birth to
twin upwards, judging from the second child upwards, for each child the mother
shall gain 1 more month off. Prenatal leaves should not be longer than two (02)
months.
7. Pursuant the Article 173 of the amended Labor Law,
Validity of work permit for foreign labors working in Vietnam shall not be
greater than 24 months instead of 36 months as current.
This Law shall be of full force
and effect from 01/05/2013. The Labor Code dated 23 June 1994, the Law amending
and supplementing a number of articles of the Labor Code No. 35/2002/QH10, the
Law amending and supplementing a number of the Labor Code No. 74/2006 / QH11
and the Law amending and supplementing a number of articles of the Labor Code
No.84/2007/QH11 that shall be expired from the date this Code takes effect.
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