Just asking something that has to do with Vietnam Labor Laws

Depending, what, where, when and how contracted. Yes there are some laws, many not enforceable (for staff) and the other way around.

(IF) You work in a hospital, you have a contract stating you have to work shifts and weekends, you might obey. Time off must be granted in near relation in those cases as well as allowance payments.

There are various other professions and companies, where shift and holiday work might be required. Check your contract and the dependency on this particular business. Just imagine, every bar and restaurant closed, there are exceptions and plenty of them.

In my company, staff are generally off on bank holidays and weekends, IF ...  One of my staff might be required to some hours monitoring "work" during this period (again), which he can do from home and nothing else is expected, then making a phone in case of certain errors he monitors, audible alarms.
They know about it, it is part of their contract, they HAVE TO IF REQUIRED. This few hours will be compensated with a whole day HOLIDAY OFF to their choice + 100% extra pay (for a whole working day) and again, if no urgent work is to do.

This staffs work only 35 hours per week with 5 day as normal, but are required to bring up to 70 hours a week (including overtime+pay), if urgent work needs to be done. The contract says however 48 hours a week and at least twice a month, they can be required to monitoring work (none production) which happens about 3-6 days a year.
Monitoring jobs are announced usually 2 wees in advance.

So check your contract, if and when you must.

l3ully wrote:

Depending, what, where, when and how contracted. Yes there are some laws, many not enforceable (for staff) and the other way around.

(IF) You work in a hospital, you have a contract stating you have to work shifts and weekends, you might obey. Time off must be granted in near relation in those cases as well as allowance payments.

There are various other professions and companies, where shift and holiday work might be required. Check your contract and the dependency on this particular business. Just imagine, every bar and restaurant closed, there are exceptions and plenty of them.

In my company, staff are generally off on bank holidays and weekends, IF ...  One of my staff might be required to some hours monitoring "work" during this period (again), which he can do from home and nothing else is expected, then making a phone in case of certain errors he monitors, audible alarms.
They know about it, it is part of their contract, they HAVE TO IF REQUIRED. This few hours will be compensated with a whole day HOLIDAY OFF to their choice + 100% extra pay (for a whole working day) and again, if no urgent work is to do.

This staffs work only 35 hours per week with 5 day as normal, but are required to bring up to 70 hours a week (including overtime+pay), if urgent work needs to be done. The contract says however 48 hours a week and at least twice a month, they can be required to monitoring work (none production) which happens about 3-6 days a year.
Monitoring jobs are announced usually 2 wees in advance.

So check your contract, if and when you must.

Ohh I see. Thank you for answering. Now I know where to start

My company employs 34 Vietnamese so we have acquired a working knowledge of the Labour Act. It sounds like your Boss is complying with the law - and you are wanting him to employ you on a Legal Holiday.

The Act is designed to protect the workers from exploitation. Yet your Original Post suggests you are unhappy with it.

What concerns me is:

But the boss is forcing us to submit a personal leave, and making threats that if we don't consent and agree with what he wants then he will force us to leave and go home to our countries

You want to work rather than take a Legal Holiday. He is right on this, you cannot force him to offer work on a mandated holiday (hey, be happy, VietNam's labour law provides way more vacation than any labour law in America).

You don't have to 'consent' to taking a mandated vacation - most people complain about having to work.

The force us to leave and go home to our to our countries.

This doesn't sound like anything else you have said about your Boss. Did he say "if I fire you, you will have to go home to your countries"? This depends on your Work Permit. If it restricts you to this company, he is right, but it would be done by the VN Immigration police.

QUITE HONESTLY, it seems you have a Boss who complies with the law. This is good (and different). IF you have a written contract  of employment, it might vary the Act in some way BUT such a contract mist comply with the Act.

How will you be losing money if your Boss wants to pay you for not working OR are you AFTER DOUBLE PAY?

My company employs 34 Vietnamese so we have acquired a working knowledge of the Labour Act. It sounds like your Boss is complying with the law - and you are wanting him to employ you on a Legal Holiday.

The Act is designed to protect the workers from exploitation. Yet your Original Post suggests you are unhappy with it.

What concerns me is:




But the boss is forcing us to submit a personal leave, and making threats that if we don't consent and agree with what he wants then he will force us to leave and go home to our countries

You want to work rather than take a Legal Holiday. He is right on this, you cannot force him to offer work on a mandated holiday (hey, be happy, VietNam's labour law provides way more vacation than any labour law in America).

You don't have to 'consent' to taking a mandated vacation - most people complain about having to work.

The force us to leave and go home to our to our countries.

This doesn't sound like anything else you have said about your Boss. Did he say "if I fire you, you will have to go home to your countries"? This depends on your Work Permit. If it restricts you to this company, he is right, but it would be done by the VN Immigration police.

QUITE HONESTLY, it seems you have a Boss who complies with the law. This is good (and different). IF you have a written contract  of employment, it might vary the Act in some way BUT such a contract mist comply with the Act.

How will you be losing money if your Boss wants to pay you for not working OR are you AFTER DOUBLE PAY?

The thing is yes he is complying with the Vietnam's labor laws, because Sunday is supposed to be our day off. Then on Monday we will have to go do our normal work then after that another day off on Tuesday. So that is why our boss decided to move our Monday work to Sunday (double pay) and only a select few employees. Now the main point at hand is that he wants to deduct 1 of our personal UNPAID leave on Monday even though we can work because we our expats and we have nothing to do in our camp. For us expats, 3 day offs is a waste of both time and money. And for forcing us to use 1 of our leave is a no-no. So we rather get to work on Sunday so we can have at least some kind of compensation for the 2 consecutive off UNPAID days.

He likely can do that - since he appears to be onside of the law in the rest of the dispute.

What I suggest you do is to contact the Provincial Labour (and Veterans) Ministry and get their opinion.

No need to rush off since if he is wrong, i.e. he idled / laid you off for one day, you can still collect after the vacation as these Labour Ministries are definitely on the side of workers (not government employees, though).

You will need a Vietnamese speaking person to lodge your inquiry.

He likely can do that - since he appears to be onside of the law in the rest of the dispute.

What I suggest you do is to contact the Provincial Labour (and Veterans) Ministry and get their opinion.

No need to rush off since if he is wrong, i.e. he idled / laid you off for one day, you can still collect after the vacation as these Labour Ministries are definitely on the side of workers (not government employees, though).

You will need a Vietnamese speaking person to lodge your inquiry.

Okay thanks for your help, I think we will do just that