Legal Counsel- Regulatory Compliance

Sarah Galeski is a counsel with the Tilleke & Gibbins corporate and commercial team in Ho Chi Minh City, focusing on labor and employment law as well as compliance and dispute resolution work. Sarah has over 12 years of professional experience in legal services, and has been based in Vietnam since 2013. During this time, she has worked for large international firms and represented multinational companies in the energy, pharmaceutical, luxury brands, and textiles industries. Sarah has advised on a full range of employment matters such as the drafting of employment contracts, internal labor regulations, service agreements and consultancy agreements. She also has experience advising on employment issues in relation to global asset and share transactions.
Sarah is recognized for her expertise in labor and employment by The Legal 500 Asia Pacific , and she is a sought-after presenter and author of legal insights. She serves on the Board of Directors of the Canadian Chamber of Commerce in Vietnam and has also been actively involved with EuroCham, acting first as the Co-Chair of the Human Resources & Training Sector Committee and then as a member of EuroCham’s Executive Committee. In these roles, she has consulted on labor issues with the International Labor Organization and the European Parliament.
Prior to coming to Vietnam, Sarah acted as a litigator in Canada for a large international firm where her cases involved issues ranging from corporate fraud to contractual disputes to employment matters.
Advised a global pharmaceutical company on dealing with a sexual harassment complaint as well as the transfer of employees between legal entities and the termination of key employees.
Advised a global software company on trade union establishment; Advised a global luxury brand company on a complex restructuring involving changes to employees’ reporting lines and redundancy.
Advised a multinational insurance company on internal compliance issues, including possible bribery. Advised an NGO on issues relating to an employee’s embezzlement of funds, including the NGO’s reporting obligations of the crime to police and applying disciplinary action against the employee.
Employment law specialists from Tilleke & Gibbins in Vietnam provided the Vietnam chapter to the Guide to Restructuring a Cross-Border Workforce from International Employment Lawyer. This global guide, which covers 45 jurisdictions worldwide, examines the issue of workplace restructurings, particularly in relation to the needs of multinational companies. To browse the full guide for all 45 jurisdictions, please visit the International Employment Lawyer website.
On September 18, 2023, the Vietnamese government issued Decree No. 152/2020/ND-CP (“Decree 152”), which regulates foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign entities in Vietnam. While Decree 70 relaxes some conditions relating to foreign workers, the general goal of protecting and prioritizing domestic labor over foreign labor remains. Amended Definitions and Requirements for Worker Classifications Decree 70 introduces several changes to the requirements for foreign workers to be classified as “experts” and “technical workers.” Under Decree 152, foreign workers needed to hold bachelor’s degrees or receive training directly related to their intended job positions in Vietnam. However, under Decree 70, experts are only required to have a university degree or higher and at least three years of relevant work experience suitable for their intended positions in Vietnam. Similarly, it is no longer necessary for technical workers to have training in a specific technical field to be eligible to work in Vietnam. Instead, a technical worker is defined as someone who has undergone at least one year of training and possesses at least three years of working experience suitable for their intended job position. Additionally, Decree 70 clarifies and expands the scope of the term “executive director”. Accordingly, an executive director can be (i) the head of a branch, representative office, or business location of an enterprise (which helps clarify the previous definition of “executive director” in Decree 152); or (ii) an individual who oversees at least one field within an agency, organization, or enterprise while being under the direct supervision of the head of that agency, organization, or enterprise. Application for Work Permit The general procedure for
Tilleke & Gibbins is pleased to announce the release of Employment Law Basics in Southeast Asia. This publication serves as an indispensable resource for businesses navigating the complex landscape of employment law in Cambodia, Laos, Myanmar, Thailand, and Vietnam. Authored by Tilleke & Gibbins’ regional team of employment law specialists, the guide provides a detailed overview of key employment law topics essential for businesses operating or planning to expand their operations in Southeast Asia. From employment contracts to termination procedures, each topic is examined in depth to ensure businesses are well-equipped to comply with local regulations and protect their interests. Employment contracts Probationary period Minimum wage Social security and statutory payments Working hours Leave and holidays Work rules Termination Foreign employees Data protection Remote work AI and automation Our guide offers multinational corporations establishing a presence in the region and local enterprises alike practical insights and actionable advice tailored to the unique regulatory environments in Cambodia, Laos, Myanmar, Thailand, and Vietnam. Instead of the typical dystopian scene of flames, wastelands of shattered buildings, and robotic overlords policing the remaining humans, our actual dystopian future may be a workplace filled only with men named Jared who once played lacrosse in high school. This may sound far-fetched, but one resume-screening tool was found to be using an algorithm that concluded two factors were most determinative of job performance: the name Jared and a history of playing lacrosse in high school. The frailties of artificial intelligence (AI) systems in recruitment and hiring could transform our workforces in unpredictable ways. Risks of AI-Reliant Hiring Some employers have enthusiastically embraced AI as a way to reduce costs and replace human bias in the recruitment process. AI typically learns inductively by training on examples and historical data. Factors such as exclusion of certain groups from educational or career opportunities has often shaped this data, so AI’s decisions may amplify this past prejudice. For instance, Amazon experimented with mechanized recruitment in 2014, but abandoned these efforts prior to implementation after the AI tool selected a predominantly male workforce. Law.com International has unveiled the shortlists for the Asia Legal Awards 2024, and Tilleke & Gibbins has been nominated for awards in four categories. Southeast Asia Firm of the Year Intellectual Property Firm of the Year (Asia-wide) M&A Firm of the Year (Asia-wide) TMT Firm of the Year (Asia-wide) In addition to these regional firm nominations, Tilleke & Gibbins has also been acknowledged for its exceptional work in the field of restructuring and insolvency. The winners of the Asia Legal Awards 2024 will be unveiled on March 14 at an in-person event in Singapore. For more information on the Asia Legal Awards 2024, and to browse a full list of nominees in all categories, please visit the Law.com International website.
Tilleke & Gibbins once again earned high marks across all six jurisdictions in the 2024 rankings from The Legal 500 Asia Pacific, which was released on January 17. The firm’s Thailand office earned 15 practice-area rankings: Tier 1: Dispute Resolution, Intellectual Property, Labor and Employment, TMT (Technology, Media, and Telecommunications), Tax Tier 2: Banking and Finance, Capital Markets, Corporate and M&A, Customs and International Trade, Insurance, Projects and Energy, Real Estate and Construction, Restructuring & Insolvency, Transport Tier 3: Dispute Resolution: International Arbitration Tilleke & Gibbins’ offices in Vietnam received rankings for 10 practice areas: Tier 1: Data Protection, Intellectual Property (International Firms), Labor and Employment, TMT Tier 2: Corporate and M&A Tier 3: Dispute Resolution: International Arbitration, Dispute Resolution: Litigation Tier 4: Banking and Finance, Projects and Energy Firms to Watch: Real Estate and Construction Tilleke & Gibbins earned five additional practice-area rankings in Cambodia, Indonesia, Laos, and Myanmar: Tier 1: Laos (General Business Law), Myanmar (Corporate and M&A) Tier 2: Cambodia (General Business Law); Myanmar (Projects) In addition to the practice-area rankings, a record number of Tilleke & Gibbins lawyers were honored with individual recognitions. The Tilleke & Gibbins practitioners included in the 2024 rankings from The Legal 500 Asia Pacific are listed below: Alan Adcock – Thailand – Intellectual Property Athistha (Nop) Chitranukroh – Thailand – Insurance, TMT Chaiwat Keratisuthisathorn – Thailand – Real Estate and Construction Charunun Sathitsuksomboon – Thailand – Corporate and M&A Chusert Supasitthumrong – Thailand – Labor and Employment Darani Vachanavuttivong – Thailand – Intellectual Property David Mol
International Employment Lawyer (IEL) unveiled its second edition of the IEL Elite guide, recognizing Tilleke & Gibbins as a “Regional Stalwart” for its exceptional contributions to employment law in Southeast Asia. The latest edition of the IEL Elite guide showcases over 140 leading employment law teams worldwide, categorized into three distinct sections: This achievement reflects the firm’s commitment to excellence and expertise in navigating the complex landscape of employment law across multiple jurisdictions in the region. The IEL Elite guide serves as a benchmark for legal practitioners and industry professionals seeking insights into the top-tier employment law firms globally. Tilleke & Gibbins’ inclusion in the Multijurisdictional Elite section reaffirms its standing as a key player in providing legal services for employment-related legal matters in Cambodia, Laos, Myanmar, Thailand, and Vietnam. IEL is an information service reporting on and analyzing employment-related legal developments around the world. To browse the latest edition, please visit the International Employment Lawyer website (registration required).