Job Discussion Forums

[Mushroom Druid]

[spycatcher reincarnated]

The new labor law clearly states that it is the responsibility of the employer to make sure a labour contract is in place.

It is my understanding, from various newspaper articles, that this means, if there is no labour contract there is in effect a de facto labor contract in place so the employer can not use the fact that there is no labour contract as a legal defense.

On the whole, Vietnamese laws and the enforcement of them are a joke, but this is not so with the labor laws. The labor laws are particularly strong and employee friendly as they were originally designed to protect the Vietnamese workers from foreign employers.

[deadlift]

[spycatcher reincarnated]

The first step is for disputes to go to arbitration. Each party is called in individually to state their case then they are called in together to try and agree something. Most cases are sorted out at this stage, especially labor cases as it is nearly always clear that the employer is wrong.

A few years ago, I believe that of the labor cases that went to court about 90% were decided in favor of the employee. More recently, however, employers have been upping their game and improving their legal compliance so the employers are not losing as often. If there is reasonable doubt the employee wins.

There is nothing much to lose to go to arbitration and see what happens there.

Many foreigners have agreed a good settlement at arbitration and many made won court cases against both foreign and Vietnamese employers.

Probably first step is to state your case to a lawyer and get their opinion. They then send threatening letters to the employer and try to beat them in to submission even before arbitration.

[charlesmarlow]

[Prof.Gringo]

Looks like nothing much has changed at EIV

Here's a copy of the current contract which was made public domain:

Re: Seeking native English teachers (Hanoi) (Hanoi)
compensation: Get scammed, get paid 50% of your salary, work for EIV today!!!
WARNING!!! WARNING!!! WARNING!!!

EIV is a SCAM "school" which rips-off it's own teachers!

They make YOU pay $700USD for a work permit, they REFUSE to pay ANY costs!

And they will do everything they can to SCAM YOU of your HARD EARNED income!!!

Here is the SCAM CONTRACT from EIV "school" unchanged for ALL to SEE:

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom -- Happiness
*******
THE TEACHING RESPONSIBILITY COMMITMENT
Number . . .. . .. . .. . .. . ./TTRC


THIS COMMITMENT is made and entered into this the . . .. . .. . .. . .. . .. . ..., 2014
Two parties are:
Party A:
Name of Company: EIV INTERNATIONAL JOINT STOCK COMPANY
Address:
Phone Number:
Representative:
Position: Director
Tax reference number:
Party B:
Teacher's name : . . .. . .. . .. . .. . .. . .. . .. . .. . ...
Date of birth : . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ...
Nationality : . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ..
ID card No/Passport : . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .
Date of issue: . . .. . .. . .. . .. . .. . .. . .. . .. Date of expiration: . . .. . .. . .. . .. . .. . .. . .. . .. . ..
Authority:
Degree/ Certificate:
Tel:
Address in Viet Nam:
Address at hometown:
Both Parties have agreed to sign this "THE TEACHING RESPONSIBILITY COMMITMENT", as follows:
Article 01.THE COMMITMENT CONTENTS:
1.1. Quantity, Time, Location
Schedule: According to EIV's arrangement
Quantity: According to school's arrangement
Location: According to EIV's arrangement
1.2. Teaching Contents:
The teacher must prepare the lesson plans before going to class; tests and lesson plans shall be according to all the requirements set by the students.
Article 2: BREACHES OF THE COMMITMENT
2.1. Skip period: If the teacher cannot go to class for any reasons, you must notice to the company at least 6 hours before starting class. If the teacher does not give sufficient, he/she will be eligible for the following penalties:
First - time: 30% for the total salary per a month
Second time: 50 % for the total salary per a month
Third time: 80 % for the total salary per a month
More than 3 times, EIV will terminate the contract immediately and will not pay salary for this month.
2.2. Punctuality:
Being late / Leaving class early: 5 - 10 minutes/period, Party B would be fined, as follows:
First time: less than 10 minutes: 30% for the total salary of each period
[b]more than 10 minutes: 50% for the total salary of each period
Second time: less than 10 minutes: 50% for the total salary of each period
more than 10 minutes: 80%for the total salary of each period
Third time: less than 10 minutes: 80% for the total salary of each period
more than 10 minutes: 100% for the total salary of this school
More than 3 times, EIV will terminate the contract immediately and will not pay salary for this month.[/b]
2.3. Obligation of both parties:
 The teacher must be punctual, responsible, enthusiastic, and helpful teaching students
 Follow up book must be signed by Teacher and students or school staff after every class. This is considered as a time sheet when it was signed by the Teacher and students. The Teacher must send the Follow up book to EIV Company at the end of month. If the teacher doesn't send Follow up book on time, he/she will not receive salary for this month in the right day.
 No paying for any classes if Follow up book wouldn't be signed by the Teacher and students.
 The Teacher is not allowed disclosed salary also personal contacts with clients and students. Besides, Teachers are not allowed to negotiate with customers to have classes without EIV's agreement. If EIV detects this, the contract will be terminated immediately and all documents will be destroyed anytime.
 Teachers must undertake not to unveil, use, copyright infringement or transfer to the third party during currency of the contract and after that (36 months). If teachers breach of the contract, they will compensate 100% of the value of the contract.
 If a teacher terminates the contract prior to its official expiration date without inform before 10 days, he/she will not receive salary of final month, his/her contract will immediately be cancelled, validity of work permit and other related documents will be terminated (if any).
 In such cases, if any students have a reason for their absence, EIV Company and school shall inform the Teacher within 6 hours before starting class.
 The Teacher must create a friendly and exciting environment in the class.
 To dress formally when they go to class
 To respect the moral standards and customs of Vietnamese
 The Teacher shall have days-off on national holidays according to State of Socialist republic of Vietnam's regulations, the date of exams of students. Therefore, teacher will not be paid salary for these cases.
 Teachers must provide EIV enough documents (original or notarized copies) include: Passport, 4 photos (4x6), university/college degrees, TEFL/TESOL certificates and the relevant certificates in accordance with Vietnam Labor Law.
 Teacher must commit that they could ensure of total teaching hours which were written in the Contract with Party A if they teach at other schools or other centers (not distributed by Party A). If the violation affects the reputation of the EIV, the teacher must compensate 50% of the total value of the contract between the EIV and customers.
 Both Parties must commit to carry out all Articles in the Contract strictly. During the progress, if there are any obstacles each Party should notify the other by document to discuss together and find out solutions in time.
 If Party B completes this contract effectively and expresses the desire to cooperate with EIV in the following year then EIV will renew the contract for Party B.
 This contract can be terminated immediately by EIV if there are enough evidences to prove that the teacher doesn't complete the obligations as specified in this agreement. The Contract can also be terminated if the teacher displays the certain behavior. EIV will not be responsible to give severance pay to the teacher.

Article 3. PAYMENT & SALARY:
 This commitment will be valid for a period of 3 months from the starting date: . . .. . .. . ., 2014
 The employee will be paid 357.000 VND per teaching hour (60 minutes) by net salary; EIV will pay all tax, incurred costs for employees.
 Salary: the salary will be paid each month based in total teaching hours.
 To commit that the salary is calculated and paid on the 10th of the following month in cash.Total salary is the total hours based on the Follow up Book on which the number of hours that the Teacher has worked are recorded and signed by both Parties (The Teacher and students or school staff). The Follow up book shall be an integral part of this commitment about terms of payment
 Notice: EIV doesn't accept for anyone come to office to receive salary (not right teacher signing contract), if the teacher can't come to the office to receive your salary, you can send email confirm that you are busy then you can come another day, If you ask someone to come to the office to receive your salary, EIV doesn't pay your salary for this month.
 This contract comes into effect from the day of signing (. . .. . .. . .. . .. . .. . ., 2014)
 This commitment is made into two (02) copies which have the same value. Each Party keeps one (01) copy.


Representative of Party A Representative of Party B
(Sign & Full name) (Sign & Full name)

[toiyeuthitmeo]

Oh dear. I certainly hope that the market (over-supply of desparate teachers) is not allowing such contracts. That being said, anyone who signs this contract deserves what they have coming. I'd rather take up fire-breathing or mobile karaoke for a living.