Employment & Benefits
Made up of widely experienced and highly regarded partners drawn from our corporate and dispute resolution departments, this specialised practice provides seamless “A to Z” support in relation to a broad range of employment and executive compensation issues for clients ranging from large international corporations to senior executives.
As you will see below, our expert Employment & Benefits team routinely covers a very large amount of ground. But whether we’re advising large corporations on cross border employment policies, designing new compensation plans, or acting to resolve potentially expensive disputes, we’re here to help organisations and individuals work better together and more productively.
Our lawyers are among the very best in their specialist field. Vu Thi Que has been regarded by clients for her expertise in strategic advice on employment law. On the contentious front, Chau Huy Quang has a proven track record of successfully handling the entire range of employment disputes in both court and arbitration settings.
The following provides a very brief summary of the main areas covered by this practice, and the ways in which we are most frequently able to help our clients. For more detailed information, please don’t hesitate to contact us.
Employment Appointment and Termination
- Advise private, public and multinational companies extensively on employment related matters, including appointment, rights and duties of employees and employers and termination
- Draft employment agreements for employees at multiple levels
- Counsel, advise clients on cross border employment concerns
- Drafting cross border employment agreements
- Counsel, advise and draft relevant documentation in relation to secondment of employees at various levels, within Vietnam and across jurisdictions
- Counsel and advise on issues relating to termination of employees, including drafting appropriate exit letters
- Advise, design and draft various forms of employee handbooks and manuals, including Internal Labour Regulations, dealing with employee entitlements, rights and obligations
- Advise, design and draft various policies on monitoring employee use of emails and other official modes of communication
- Advise, design and draft various forms of whistle-blowing policies, assist with implementation processes and conduct regular training for continuity
- Advise, design and drafting ethics, anti-corruption, anti-trust, health and various other types of policies
Managing confidentiality, restraint of trade and non-competes
- Advise on all aspects of restraint and non-compete provisions for various levels of employees from varying industries, including financial institutions and multinational corporations
- Advise, design and draft policies intended to protect the confidentiality of trade secrets and other proprietary information
- Advise, design and draft data protection policies
- Advise non-compete provisions, the validity of such provisions and resolving the dispute before court proceedings commence
- Advise, design and drafting various forms of compensation and benefit plans and agreements
- Advise, design and draft Employee Stock Ownership Plans (ESOPs)
- Advise, design and drafting Long Term Incentive Plans (LTIPs)
- Advise on benefits issues in corporate reorganisations and restructuring, including advice on post-closing benefits issues and plan terminations or restructuring
Restructuring, Reorganisation and Retrenchments
- Counsel and advice extensively in restructuring and retrenchment exercise of large multinational corporations and financial institutions
- Drafting relevant documentation for management of employees being retrenched, subsequent placements and referrals
- Advice on requisite training and re-skilling opportunities to be provided to retrenched employees
- Advice on claims arising out of the retrenchment exercises
Mergers & Acquisitions
- Advise on the transfer of employees resulting from mergers and acquisitions
- Advise on the rationalisation of human resource policies in merged entities
Contentious employment issues
- Enforcement of restrictive covenants against employees
- Investigation and action against employees for fraud and confidential information theft
- Action on behalf of employers in contractual disputes arising from termination or retrenchments of officers and employees, payment of salary, bonus, stock options etc.