Employment Opportunities

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1)         Questions

Background

a)         Mr Nguyen is an employee of company A. During covid-19 outbreak in Hanoi, Mr Nguyen has a meeting appointment with company B at its factory. Before the date of meeting, Mr Nguyen is required to be quarantined by the authority since he/she recently had a close contact with a Covid-19 patient (i.e., he is an F1). However, Mr Nguyen ignored the quarantine requirement and went on to visit company B’s factory as scheduled.  The day after the meeting, Mr Nguyen is tested positive for Covid-19. It is determined that Mr Nguyen was infected about five days before the meeting. As a result of Mr Nguyen’s visit, Company B’s  operation is shut down by the authority. Company B decided to suspend all of its employees in accordance with Article 98 of the Labour Code 2012 and only paid the employees with minimum salary.

Questions

b)         If you are a lawyer for Company B, please advise with specific legal basic and arguments:

i)          how can Company B sue Mr Nguyen for damages? Can Company B claim that Mr Nguyen is the owner of an extreme danger and must compensate Company B for damages?

ii)         how can Company B sue Company A for damages caused by Mr Nguyen’s visit?

iii)        how can Company B’s employees sue Mr Nguyen for damages?

c)         If you are lawyer for Mr Nguyen, please advise Mr Nguyen about his potential defences against the potential claims at b) (e.g., can Mr Nguyen claim force majeure to avoid liability?)

d)         If you are lawyer for Company  A, please advise Company about its potential defences against the potential claims at b) (e.g., can Company A claim force majeure to avoid liability?)

2)         How to apply?

Please email us at office@vnlaw.com.vn with copy to vu.nq@vnlaw.com.vn:

i)          the answers to questions;

ii)         specifying the position that you are applying; and

iii)        your Curriculum Vitae including at least the following:

(1)        name, address and year of birth;

(2)        profile picture; and

(3)        education background and extra-curriculum activities since high school; and

(4)        a short write up about what you expect from being a lawyer.

You can write to us in English.