CONSULTATION ON REGISTRATION OF INTERNAL LABOR REGULATION

Matter in Brief:

B.H Construction Joint Stock Company (hereinafter referred to as “B.H Company”) was established in September 2023 and currently has approximately 170 employees at its headquarters and two branches in other localities. In preparation for collaborating with several partners to expand its business operations and in need of recruiting additional personnel, B.H Company wishes to issue and implement an Internal Labor Regulations (ILR) to manage and utilize its workforce more safely and effectively.

Client’s Request:

B.H Company requests TAPHALAW to provide legal advice on the issuance and registration of the ILR.

Attorney’s Work Performed:

Based on the information exchanged, clarifying the desires and requirements of B.H, the documents provided by Company B.H, and cross-referenced with applicable laws, TAPHALAW’s attorney has analyzed the legal provisions and issued a consulting letter to Company B.H. The key contents of the letter include:

(i) The primary content of the ILR that Company B.H should enact to ensure safe and effective labor management; necessary considerations regarding the ILR; appendices and forms to be issued along with the ILR to facilitate the application of the regulations; (ii) The authority to enact the ILR; (iii) The procedures for enacting and registering the ILR; and (iv) Attached relevant forms for Company B.H’s reference.

In the consulting letter, TAPHALAW’s attorney has also provided a detailed analysis and the following notes:

Firstly, the attorney has advised B.H regarding the required documents for ILR registration; the deadline for registration; the competent authority for receiving ILR registration applications; the monitoring and updating the results of the registration application processing by the competent authority.

Secondly, as Company B.H has branches, units and production facilities outside of its headquarters, Company B.H must submit the effective ILR to the labor management authority of other provinces/cities.

Thirdly, the attorney has noted the importance of archiving the ILR registration documents, documents from the labor management authority, and notifications of the ILR to employees.

Consultation Outcome:

Based on the attorney’s advice, Company B.H. requested TAPHALAW’s attorney to assist in drafting a ILR, preparing a complete dossier for the issuance and registration of the ILR for submission to the representative of B.H. for signature and issuance. After issuance, TAPHALAW’s personnel represented B.H. in registering the ILR, and the competent authority accepted the dossier and issued a Notification of the ILR that Company B.H. had established in accordance with labor law. Upon receipt of this notification, TAPHALAW advised Company B.H. to proceed with: (i) Notifying all employees about the ILR (with each employee’s signature acknowledging receipt); (ii) Posting the ILR at the company’s headquarters as required; (iii) Sending the effective ILR to the state labor management in the province/city where Company B.H. has a branch; (iv) Maintaining complete dossier of the issuance, registration and notification of the ILR.

After the ILR came into effect, Company B.H. continued to trust TAPHALAW and requested the attorney to provide further advice on the dossier, procedures for issuance, registration and application of the Collective Labor Agreement for Company B.H.