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What Should Foreign Workers Do When They Are Dismissed?

Foreigners

A foreign worker who receives a dismissal or termination notice should preserve the documents and clarify the legal basis used by the employer. Employment and immigration questions may arise together and should be assessed promptly. Keep the contract, notices, policies, performance or disciplinary records and relevant communications. Record when the decision was received and what payments were offered. Do not assume that all forms of contract termination are disciplinary dismissal or follow the same procedure.

A foreign worker who receives a dismissal or termination notice should preserve the documents and clarify the legal basis used by the employer. Employment and immigration questions may arise together and should be assessed promptly.

Review the decision and preserve evidence

Keep the contract, notices, policies, performance or disciplinary records and relevant communications. Record when the decision was received and what payments were offered. Do not assume that all forms of contract termination are disciplinary dismissal or follow the same procedure.

What Should Foreign Workers Do When They Are Dismissed? — document preparation and legal review

Assess remedies and lawful stay separately

A lawyer can review the employment claim, applicable deadlines and any negotiation or proceeding. The worker should also confirm work authorization and residence arrangements after employment ends. Signing a settlement, moving to a new employer or leaving Vietnam may have consequences requiring coordinated advice.

Documents and questions to prepare

For an assessment of first steps after a foreign worker is dismissed, organize the following records where relevant. Identify anything that is missing and explain whether an original, copy or translation is available.

What Should Foreign Workers Do When They Are Dismissed? — practical consultation and next steps
  • Employment contract.
  • Dismissal or termination decision.
  • Pay and benefit records.
  • Work and residence documents.
  • Chronology and communications.

Planning legal support for first steps after a foreign worker is dismissed

Employment matters should be assessed from the documents and actual working relationship. Keep the contract, policies, notices and payroll records together and identify any disputed fact. A proposed settlement should explain the payments and other steps to be completed, rather than obscure several different obligations in a single figure. For foreign workers, employment advice may need to be coordinated with work authorization and residence questions without assuming that one process resolves the others.

Jurion & Partners can review the information you provide, identify the questions requiring further analysis and discuss an appropriate scope of legal assistance. Before work begins, agree the documents to be reviewed, the immediate priorities and the steps included in the engagement.

Need advice on first steps after a foreign worker is dismissed? Discuss your matter with Jurion & Partners and prepare the documents for a focused review of your options and next steps.

Contact Jurion & Partners
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