Enclosed is Draft Precedent No. 21 on determining the wage level as the basis for compensation when an employer illegally terminates a labor contract. This precedent, derived from Supervisory Review Decision No. 05/2023/LĐ-GĐT, provides critical guidance for resolving wage disputes in labor cases.
Key Insights:
According to Article 41 of the 2019 Labor Code, employers must compensate employees for unlawful termination, with compensation based on the wage stated in the labor contract. In cases where no wage evidence (e.g., payslips) is provided, the Court will rely on the wage used for social insurance contributions as the basis for compensation.
This precedent emphasizes the importance of maintaining accurate documentation in employment relationships to ensure fairness in disputes.
As a legal professional or HR manager, keeping track of these rulings is crucial to staying compliant with labor laws and protecting both employer and employee rights.
For more details on this topic, read the full analysis of Draft Precedent No. 21.
Link: https://drive.google.com/file/d/1ikCp3KuJmnhBXXFADgpcvnmEY0G3JPKH/view?usp=sharing
Should you need any legal support, don’t hesitate to reach out to our Lawyers & associates. We are honored to assist your legal need.
THE LAM LAW LLC
🏢Indochina Park Tower, # 4 Nguyen Dinh Chieu Str, Dakao Ward, Dist 1, Ho Chi Minh City.
📞Tel: +84 (0)28 710 58 222 – 6288 3798 – Hotline: +84 (0) 97 309 77 77
✉ Email: info@thelamlawllc.com

Tiếng Việt
Related Posts
THE LAM LAW LLC Recognized as “Best International Arbitration Law Firm – HCMC 2026”
THE LAM LAW – Your legal need, Our Mission is honored to be recognized by
May
“Subrogation Right” in Maritime Cargo Claims
When an insurer pays compensation to the cargo owner after a maritime loss, can the
May
Vietnam’s Foreign Investment Outlook 2026
THE LAM LAW – Your legal need, Our Mission is honoured to reshare that our
May
Vietnam Economic Update – May 2026
THE LAM LAW – Your legal need, Our Mission is pleased to share a visual
May
Vietnam officially establishes a legal framework for Electronic Labor Contracts
It’s last Friday, Vietnam’s Ministry of Home Affairs has officially issued Circular No. 08/2026/TT-BNV guiding
May
New Decree 152/2026/NĐ-CP On Civil Judgment Enforcement
THE LAM LAW – Your legal need, Our Mission is pleased to share key highlights
May