How many times does the law of Vietnam allow to sign a labor contract?

BichNgoc July 5, 2022

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Currently, when signing a labor contract, the law has regulations on the number of times and the number of times the contract is signed. How long does it take to re-sign the labor contract? How many times does the law allow signing a labor contract? Please refer to the article below to understand the regulations on the number of times of signing labor contracts.

Legal grounds

Labor Code 2019

Is it possible to sign a fixed-term labor contract many times?

Pursuant to Clause 1, Article 13 of the Labor Code 2019, a labor contract is an agreement between an employee and an employer on a paid job, salary, working conditions, rights and obligations. and obligations of each party in the labor relationship. In case the two parties agree by a different name but with the content showing paid employment, salary and the management, administration and supervision of one party, is considered an employment contract.

According to current regulations, labor contracts are divided into two types: labor contracts of indefinite term and contract of definite term.

In particular, point b, clause 1, Article 20 of the Labor Code 2019 defines a term contract as follows:

A fixed-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity within 36 months from the effective date of the contract.

Thus, it can be seen that the term set with a fixed-term labor contract is a maximum of 36 months. That is, if you agree to sign a definite-term labor contract, the maximum working term is 03 years. Meanwhile, if an agreement is reached with a longer working term, the parties must sign an indefinite term labor contract.

According to Clause 2, Article 20 of the Labor Code 2019, when a fixed-term labor contract expires but the employee continues to work, the two parties must sign a new contract within 30 days from the date of signing the signed contract. expired.

When signing a new contract, point c, clause 2 of this Article clearly states that the parties are only allowed to sign one more time labor contract with a definite term. After that, if the employee continues to work, he/she must sign an indefinite-term labor contract.

However, this Law also excludes some specific cases. Accordingly, in normal cases, the parties are only allowed to sign a maximum of 02 times of a fixed-term contract.

04 cases of being signed multiple times of definite-term labor contracts from 2022

Article 20 of the Labor Code 2019 stipulates the types of labor contracts:

Labor contracts must be entered into in one of the following categories:

a) An indefinite term labor contract is a contract in which the two parties do not determine the term and the time of termination of the validity of the contract;

b) A definite-term labor contract is a contract in which the two parties determine the term and the time of termination of the contract’s validity within 36 months from the effective date of the contract.

When the labor contract specified at Point b, Clause 1 of this Article expires, but the employee continues to work, the following actions shall be taken:

a) Within 30 days from the date of expiration of the labor contract, the two parties must sign a new labor contract; during the time when a new labor contract has not been signed, the rights, obligations and interests of both parties shall be performed according to the signed contract;

b) If the time limit of 30 days from the date of expiration of the labor contract expires, but the two parties do not sign a new labor contract, the contract entered into under the provisions of point b, clause 1 of this Article becomes a labor contract. indefinite term;

c) In case the two parties sign a new labor contract which is a definite-term labor contract, it can only sign one more time, after that, if the employee continues to work, he/she must sign a labor contract. for an indefinite term, except for the labor contract for the person employed as a director in a state-owned enterprise and the cases specified in Clause 1, Article 149, Clause 2, Article 151, and Clause 4, Article 177 of this Code. .”

According to the above provisions, the following cases may sign a definite-term labor contract many times:

– Persons hired to act as directors in state-owned enterprises;

– Employing elderly workers;

– Employing foreign workers to work in Vietnam;

– Extend the signed labor contract until the end of the term for employees who are members of the leadership of the employee representative organization at the grassroots in the term of which the labor contract expires.

Can I not sign a new contract but extend the term by an addendum?

Previously, Article 5 of Decree 05/2015/ND-CP (which expires on February 1, 2021) allows the parties to amend the contract term by means of an appendix to the labor contract with the following contents: :

The term of a labor contract may be amended only once by the appendix of the labor contract and must not change the type of contract entered into, except in the case of prolonging the term of the labor contract with the elderly employee and employees who are part-time trade union officials specified in Clause 6, Article 192 of the Labor Code.

Accordingly, the parties can sign an addendum to extend the term of the labor contract, but it can only be amended once and guaranteed not to change the type of labor contract signed.

However, this document has expired. Instead, Clause 2, Article 22 of the Labor Code 2019 clearly states:

The labor contract appendix details, amends and supplements a number of articles and clauses of the labor contract but must not modify the term of the labor contract.

In case the labor contract appendix details a number of articles and clauses of the labor contract which leads to a different interpretation from the labor contract, the contents of the labor contract shall prevail.

In case the labor contract appendix amends or supplements a number of articles and clauses of the labor contract, it must clearly state the contents of the amended and supplemented articles and clauses and the effective time.

Thus, according to current regulations, employers and employees are not allowed to enter into contract addendums to extend the term of the labor contract. Instead, the parties are forced to sign a new contract or terminate the contract when the old labor contract expires.

Related article:

Frequently asked questions

If I have signed a seasonal labor contract twice, am I allowed to sign another seasonal labor contract?

The current labor law does not limit the number of times a temporary labor contract is signed. But it should be noted that the work contracted by the seasonal labor contract must be the work of a temporary, irregular nature.
In case the company signs a seasonal labor contract, after this labor contract expires, the two parties shall terminate the labor contract. Some time later, the company signed a seasonal labor contract again, the signing of this labor contract is still in accordance with the law because the work is seasonal in nature. And therefore, the signing of such labor contracts is correct regardless of the number of times of signing.
In case the company signs a seasonal labor contract, after this labor contract expires, the two parties sign a seasonal labor contract again, so it is clear that the work is no longer seasonal.

Is it allowed to sign multiple labor contracts?

An employee can enter into many labor contracts with many employers but must ensure the full implementation of the signed contents.
If the employee concurrently enters into many labor contracts with many employers, the participation in social insurance, health insurance and unemployment insurance shall comply with the provisions of the law on social insurance. social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

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