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EMPLOYEE RIGHTS – DEDICATED STAFF IN VIETNAM

1. HOURS
   1. The Dedicated Staff work for nine (9) hours a day (inclusive of meal breaks), five (5) days a week.
   2. Hours work include all time during which the Dedicated Staff are required to be on duty or to be at a prescribed workplace. Outsourced, as part of its policy, adheres to a fifteen (15) minute grace period at the beginning of their shift. During that grace period, the Dedicated Staff would not be considered tardy. Tardiness shall be counted upon the lapse of the grace period.
2. MEAL BREAK
   1. The Dedicated Staff are given a one (1) hour meal break per day, and two (2) short fifteen (15) minute breaks.
   2. The one (1) hour meal break shall not be deemed compensable, while the two (2) short fifteen minute breaks are deemed compensable under Vietnamese Labor Laws.
3. HOLIDAYS
   1. Dedicated Staff are entitled to take standard Vietnamese holidays as provided under the link https://outsourced.co/vietnam/public-holidays/ This includes all other national or city holidays that may be declared by the Vietnamese Government.
   2. The Vietnamese Government may announce unplanned and/or movable holidays. The Client will be notified at least seven (7) days in advance upon declaration of the Vietnamese Government.
   3. If the Client requires the Dedicated Staff to report for work on a holiday, the Client shall be invoiced the corresponding premium pay.
   4. If the Client does not require the Dedicated Staff to report for work on a holiday, the same shall still be invoiced as a worked day in compliance with Vietnamese Labor Laws.
   5. The holiday schedule of the Client’s country shall not be considered in determining whether Dedicated Staff should work or not.
4. LEAVES
   1. Company policy leaves
      1. Within the first year of the Dedicated Staff, the Dedicated Staff are entitled to twelve (12) vacation days. The Dedicated Staff shall be entitled to 1 extra day of annual leave for every five years of service with the same employer.
      2. The Dedicated Staff is entitled to maximum Thirty Days (30) sick leaves during a year. Social Security pays 75% of salary with no cost to the employer during these days off.
      1. The paid leaves are in addition to the holidays provided under Clause 3 of this Schedule.
      2. These company leaves are considered as paid leaves which are invoiced to the client annually at the day rate should these leaves be unused, which shall likewise be applicable for Dedicated Staff who leave at the middle of the year.
      3. Policy on Mandatory Time Off. Mandatory time off or forced leaves due to non-operating business days and/or holidays of the client, or any analogous causes, or upon request of the client, shall not be applicable to Outsourced and the dedicated staff.
      4. Leave Cash Conversion
      5. Outsourced provides its Dedicated Staff with a standard policy on unused earned leave conversion to cash yearly for a maximum of five (5) vacation days. In the event that the Dedicated Staff opts to convert said unused earned leaves to cash, the Client is invoiced on an annual basis within the first quarter of the calendar year.
      6. However, if the Client opts to have its Dedicated Staff exhaust all of their leave days within the year instead of converting unused leave to cash, this shall be communicated to Outsourced in writing prior to the placement of the Dedicated Staff.
      7. Once the Client has chosen the preferred leave policy, it will remain in effect for the duration of the Contract, unless otherwise modified, revised, amended or agreed to in writing by both parties.
   2. Statutory leaves

      The following leaves may be availed by the Dedicated Staff based on the foregoing circumstances:

      1. Marital Leave
      1. Dedicated Staff in Vietnam are entitled to three (3) days marital leave should they get married.
      2. Should their children get married, the Dedicated Staff is entitled to one (1) day marital leave.
      2. Bereavement Leave
      1. Should a Dedicated Staff’s parent, parent-in-law, spouse, or children pass, the Dedicated Staff is entitled to three (3) days bereavement leave.
      3. Maternity leave
      1. Vietnamese labor laws provide that any Dedicated Staff who fall pregnant are entitled to a total of six (6) months paid maternity leave. Dedicated Staff can apply for Maternity leave 2 weeks before child birth.
      2. The standard maternity leave may be extended for one (1) month per child should the Dedicated Staff give multiple births.
      3. During the Dedicated Staff’s menstruation, they shall be entitled to an additional thirty (30) minutes break every day. During the period of raising a child less than a year old, the Dedicated Staff shall be entitled to an additional hour break every day. In both cases, these periods are compensable.
      4. The Dedicated Staff shall remain assigned to the Client during her maternity leave and shall not be dismissed or her services terminated during this period.
      5. Any fees in relation to the maternity leave taken by the Dedicated Staff is shouldered by the Vietnamese Social Security agency. The Client will not be invoiced for maternity leave fees.
      4. Paternity leave
      1. Fathers are entitled to 5 to 14 days of paid paternity leave, depending on the circumstances:
      2. 5 working days for a normal delivery.
      3. 7 working days if the birthing parent requires surgery or a premature baby (under 32 weeks).
      4. 10 working days for twins, with an additional 3 days for each additional child.
      5. 14 working days in case of the birth of twins or more and birthing parents require surgery.
      6. The leave must be taken within 30 days of the child’s birth.
      7. The leave must be taken continuously or split into one- day increments.
      8. The payment during paternity leave is funded by social security at 100% of average salary covered by the Social Insurance Fund, not the employer.
5. PREMIUM PAY

   Outsourced invoices the Client the corresponding rates should the Dedicated Staff be required to work under the following circumstances:

   1. Work on a holiday or a Sunday
   1. Dedicated Staff shall be paid 100% of their pay during a holiday, if unworked.
   2. Overtime work
   1. Overtime work rates apply if the Dedicated Staff performs work or services above the part-time or full-time hours agreed upon, which shall be invoiced at 150% for each hour of overtime worked.
   2. Should overtime work be performed on weekly days off, the Client will be invoiced at 200% for each hour of overtime worked during the Dedicated Staff’s weekly rest day.
   3. Should overtime work be performed on a holiday, or a paid leave, the Client will be invoiced at 300% for each hour of overtime worked during a holiday or Dedicated Staff’s paid leave.
   4. Overtime shall only be performed following a written request and approval from the client.
   3. Night Shift differential

   Night shift differential rates apply for work or services performed during the night time in Vietnam. Night shift differential applies for any work performed between 10:00 PM and 6:00 AM, Vietnam time. The following rates shall be invoiced to the Client for Nighttime work performed by the Dedicated Staff:

   Type of Night Overtime	Total Pay Rate
   Regular Working Day	200% + 30% night premium = 260% of regular pay
   Weekly Day Off	270% + 30% night premium = 351% of regular pay
   Public Holiday	390% + 30% night premium = 507% of regular pay

   4. Work on a rest day

   Dedicated Staff are entitled to two (2) rest days per week. Any work performed during the Dedicated Staff’s rest day shall be invoiced 200% of the standard charge out rate per day.

6. SECURITY OF TENURE
   1. The Dedicated Staff are entitled to security of tenure and may only be dismissed with just and valid cause and observance of due process.
   2. Outsourced properly observes due process, through the assistance of the Client in the following manner:
   1. Report on the performance, behavior, or action of the Dedicated Staff to be forwarded to Outsourced;
   2. The report shall contain a brief and concise narration of the incident which brought about the report, together with documentary proof;
   3. Outsourced, through its Human Resources Department (HR), shall issue the necessary Notice to Explain to the Dedicated Staff, giving the staff an opportunity to explain themselves.
   1. In case of performance issues, the Dedicated Staff shall also be placed under Performance Improvement Plan (PIP) for not more than thirty (30) calendar days.
   2. The Dedicated Staff placed under PIP shall be given an opportunity to improve their performance based on parameters and/or guidelines provided by the Client.
   3. Prior to the expiration of the PIP, Outsourced shall request feedback from the Client in relation to the Dedicated Staff’s performance.
   4. Should the Dedicated Staff improve their performance, the Dedicated Staff shall remain assigned to the Client.
   5. In case the Dedicated Staff fail to reach the parameters, or worsen their performance, the Dedicated Staff’s services shall be terminated.
   4. Upon submission of the written explanation, the HR shall assess the Client’s report and the Dedicated Staff’s explanation and render a decision whether or not to impose disciplinary action or dismissal of employment of the Dedicated Staff.
   3. Redundancy / Retrenchment
   1. Redundancy / Retrenchment exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. In the case of this Agreement, since the Dedicated Staff are engaged by Outsourced due to the Client’s requirements or specifications, any termination of this Agreement shall be categorized as redundancy / retrenchment.
   2. In case of redundancy / retrenchment, the Client is required to provide written notice to Outsourced sixty (60) calendar days prior to the intended termination thereof, and the terms under Clause 11.3, 11.4, and 11.6 hereof shall apply as necessary.
   3. The staff shall be paid redundancy / retrenchment pay equivalent to at least two (2) months pay if placed on redundancy / retrenchment within their first year of service, or one (1) month for every year of service started, i.e., 1 year to 2 years (2 month redundancy pay), 2 years to 3 years (3 months), and so forth.
   4. Resignation
   1. The Dedicated Staff may file their resignation / notice of termination. In cases where the Dedicated Staff files their resignation, the Dedicated Staff shall render forty five (45) days notice prior to their intended date of resignation.