Today, the labor market is more active than ever. The relationship between employees and employers is also becoming more and more interesting. So about the matter “Main contents of a vocational training contract in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
- Law on Vocational Education 2014,
What is a vocational training contract?
In Clause 1, Article 39 of the Law on Vocational Education 2014, there are provisions on vocational training contracts as follows:
A training contract is a verbal or written agreement on rights and obligations between the head of a vocational education institution, a vocational training class, an organization or an individual, and a learner participating in a training program specified at Points a, b, c and d, Clause 1, Article 40 of this Law and in case the enterprise recruits people for training to work for the enterprise.
Main contents of a vocational training contract in Vietnam
Pursuant to Clause 2, Article 62 of the Labor Code 2019, a vocational training contract must contain the following principal contents:
a) Vocational training;
b) Location, time and salary during the training period;
c) Term of commitment to work after being trained;
d) Training costs and responsibility to reimburse training costs;
d) Responsibilities of the employer;
e) Responsibilities of employees.
How to enter into and perform vocational training contracts?
Signing a contract for vocational training
a) Conditions for the two parties to enter into the vocational training contract
– For apprentices:
Normally, apprentices must be at least 14 years old and have enough health to meet the requirements of the profession they are studying. For certain occupations, according to the list prescribed by the state, the apprenticeship age may be under 14.
Not violating a prohibited occupation is a natural condition, the scope of the prohibition should be set for all apprentices or for each specific case (for example, people with HIV/AIDS will not to participate in vocational training where specific jobs have the potential to infect others) in order to protect apprentices, vocational training institutions and the general interest of society.
– For vocational training units:
Vocational training units must have facilities, financial capacity, theoretical and practical teaching equipment suitable to the profession, training level and scale, and a sufficient number of teachers and managers, synchronous structure, meet standards of quality, standard qualifications and vocational skills to ensure the realization of vocational training goals and programs. The establishment and registration of operation of vocational training institutions, etc. shall comply with the provisions of law.
b) Procedure for entering into a vocational training contract
Of course, when entering into a contract, the two parties must adhere to the principle that the contract is entered into on a voluntary, equal basis and is not against the law. That is, employees are allowed to choose a profession and learn a job at the workplace in accordance with their employment needs (according to Clause 1, Article 59 of the Labor Code 2012). In addition, also in Article 59 in Clause 2, the State encourages qualified employers to establish vocational training establishments or open vocational training classes at the workplace for training, retraining, fostering, raise vocational qualifications and skills for employees working for them and provide vocational training for other apprentices.
The order of signing is not specified, but like the conclusion of other types of contracts, the process of entering into a vocational training contract usually takes place in three steps: an offer to enter into, and the two parties agreeing on the contents. content, issues related to the contract and entering into the contract. The vocational training unit will determine the content in the contract, on the basis of which the apprentice accepts or has a certain correction before the two parties officially enter into the vocational training contract.
Implementation of a vocational training contract
The effective date of this contract has not been specified. In fact, the parties often make the contract when the course begins. In order to effectively perform a vocational training contract, the parties must properly and fully fulfill the commitments in the contract and relevant legal provisions, respect the interests and create favorable conditions for the other party to perform. current contract.
a) For the employer
Specifically, the employer needs to be responsible for training, fostering and improving vocational skills for apprentices as prescribed in Article 60 of the Labor Code as follows:
– Employers develop annual plans and spend funds for training and organize training and retraining to improve professional qualifications and skills for employees currently working for them; training for employees before changing jobs for themselves.
– The employer must report the results of training and retraining to improve professional qualifications and skills to the provincial labor State management agency in the annual report on labor.
b) For apprentices and trainees
For apprentices or trainees to work for the employer, the following contents should be paid attention to (according to Article 61 of the Labor Code):
+ Employers who recruit people for vocational training or apprenticeship to work for them are not required to register for vocational training activities and may not collect tuition fees.
During the apprenticeship or apprenticeship period, if the apprentice or apprentice directly or participates in the production of products conforming to specifications, the employer shall pay the salary at the rate agreed upon by the two parties.
Upon the expiration of the apprenticeship or vocational training duration, the two parties must sign a labor contract when all the conditions prescribed in this Code are satisfied.
+ Employers are responsible for creating conditions for employees to participate in occupational skills assessment to be granted a national vocational skill certificate.
About the responsibility to reimburse the cost of vocational training of employees
According to the current labor law, in principle, the employee must refund training costs to the employer in case of violation of the vocational training contract. However, the current regulations on the responsibility to reimburse the costs of vocational training of employees are still inadequate, leading to many different interpretations and applications, causing difficulties and confusion for enterprises and employees, as well as other employees. prosecuting agencies when settling disputes over vocational training contracts.
When do employees have to return vocational training costs to employers?
According to the provisions of Article 62 of the Labor Code 2012, the employee and the employer must sign a vocational training contract in case the employee is trained and improved in professional qualifications and skills during the working period. The job training contract must contain the content of the time the employee commits to work for the employer after being trained, the training cost and the employee’s responsibility to reimburse the training cost. However, through consulting practice, we realize that it is not always possible for the employer and employee to sign a contract for vocational training. There are many enterprises that train employees according to the general policy on labor and training of the enterprise, or according to the terms of vocational training specified in the labor contract without signing a training contract with the employee. Or there is also a case where the employer and employee have signed a vocational training contract but the contract does not clearly specify the employee’s responsibility to reimburse training costs. This may come from the habits of the business, it may also be because the business has not understood correctly or has not been fully consulted with the legal provisions, or for other reasons.
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Please see more
- Labor contract in accordance with Vietnamese law
- Penalties when the company does not sign a labor contract in Vietnam
- Vietnam law on termination of a labor contract with indefinite term
Frequently asked questions
Pursuant to Clause 3, Article 61 of the Labor Code 2019 has the following provisions:
Employers who recruit people for vocational training or apprenticeship to work for them are not required to register for vocational education activities; tuition fees are not collected; must sign a training contract in accordance with the Law on Vocational Education.
Termination of a vocational training contract is essentially the termination of the rights and obligations of the parties under the signed contract.
A vocational training contract may be terminated in the following cases:
Contract expiration
Course ends
– Apprentices go to perform military service
– Both parties agree to terminate the contract or either party unilaterally terminates the contract…
According to the law, when entering into a vocational training contract, an apprentice must be at least 14 years old and have enough health to meet the requirements of the profession. For certain occupations, according to the list prescribed by the state, the apprenticeship age may be under 14.
Vocational training must not violate prohibited occupations as a natural condition, the scope of prohibition should be set for all apprentices or for each specific case for the purpose of protecting apprentices. , vocational training institutions and the common interests of society.
Conclusion: So the above is Main contents of a vocational training contract in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
