PRACTICES

Employment Litigation & Counselling

Labor laws and regulations are in constant transition in Vietnam, and they consist of a mixed bag of local regulations rooted in communist legal theory (generally pro-employee), and international treaty ratification (for instance, imposing the creation of labor unions). For foreign companies establishing a presence in Vietnam, even with the best intentions, it can be challenging to comply with all the local labor regulations.

Whether you need proactive advice to bring your company into compliance in Vietnam, or you need effective negotiators and litigators to handle labor and employment disputes, we will work with you to obtain the results you want.

Sometimes, the most innovative solution comes from a long memory.

When it comes to managing your legal risks in Vietnam, your best advisors are litigators. Particularly in Vietnam, exposure to labor litigation gives lawyers an in-depth knowledge of what can go wrong. For instance, they understand how certain provisions are interpreted by the courts, or what approach should be taken when the law is silent on a certain issue. With their experience in court, our labor litigators can help you prevent liability and avoid unnecessary bumps down the road.

Our labor lawyers are also litigators. They know what can go wrong.

Employment litigation can be extremely costly to employers. That’s why we give advice based on preventing litigation where possible, and resolving labor and employment disputes in the most effective manner. We will save you both liability and legal costs wherever possible, through the use of negotiation techniques and litigation strategy.

It takes skill and experience to win an argument. It takes even more to avoid one.

When litigation is unavoidable, we assemble teams of trial lawyers who handle disputes ranging from thorny single-plaintiff to bet-the-company cases with equal effectiveness and efficiency. They are skilled orators who convey your concerns with the same passion as you would.

Our lawyers are passionate courtroom advocates, not merely paper litigators.

Foreign companies setting up an office in Vietnam often procrastinate complying with their labor obligations, and too often end up with unpleasant surprises, such as an adverse worker or government action. Consulting a lawyer early is the best way to prevent legal costs down the road.

An ounce of strategy day-to-day is worth a pound of cure.

Whether you are looking to increase expertise through the hiring of foreign talent or through the relocation of personnel abroad, we offer you the full spectrum of business immigration services. We assist clients at each and every step of the process – from case analysis and determination of eligibility to comprehensive immigration and work permit services in Vietnam.

Our areas of work include:

•  Boardroom Disputes and Severance Claims, Including Team Moves and Post-Termination Restrictions

  Employment Litigation, Including Discrimination and Breach of Contract Claims In All Courts (Including Before Juries, Where Applicable) and Tribunals

  Service Agreements, Contracts of Employment and Staff Handbooks

  Employment Policies and Internal Labor Regulations Ranging from Performance, Sickness and Misconduct Procedures to Maternity and Parental Leave Schemes

  Executive Remuneration and Corporate Governance

  Restructuring and Reorganization

  Wrongful Termination

  International Employment Issues Including Dual Contracts and International Secondments

  Immigration, Visas/Work Permits And International Mobility

  Trade Secret Theft And Restrictive Covenants, Including Non-Compete Clauses

  Whistleblower And Retaliation Claims and Related Investigations

  Outsourcing

  General Employment Issues (Including Trade Union and General Contractual Issues)

  Recruitment Issues