Decree 145/2020/ND-CP Guiding the Labour Code

On 1 February 2021, Decree 145/2020/ND-CP ("Decree 145"), which provides guidance on the implementation of the Labour Code 2019, came into effect. Compared to prior legislation, Decree 145 has introduced the following changes:

1. The introduction of detailed provisions on sexual harassment at the workplace, including defining sexual harassment, setting forth recourse processes in the event of workplace harassment, and mandating regulation of sexual harassment in the employer's workplace policies.


2. The revamp of the procedures for organising employee dialogue. Employers are required to facilitate workplace dialogue in certain matters that affect their interests (e.g., implementing policies on criteria for assessing employee performance, bonus regulations, and internal labour regulations). Furthermore, dialogues are not just confined to the workplace trade unions, but can (and in the absence of a trade union, would) include internal organisations established by the employees to represent their interests.


3. The imposition of longer minimum notice periods for unilateral termination for certain occupations and business lines. For example, a minimum of 120 days' notice would be required for the unilateral termination of company managers if they are hired on indefinite or fixed term labour contracts.