Nowadays, problems arise between workers and employers more and more. When starting to work, employees are required to sign a labor contract. So about the matter “Concluding a labor contract under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
What is a labor contract?
Labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights and obligations of each party in the labor relationship. In case two parties agree by another name but with contents showing paid employment, salary and the management, administration and supervision of one party, it shall be considered as an employment contract.
Before accepting employees to work, the employer must enter into a labor contract with the employee.
Concluding a labor contract under Vietnam law
1. The labor contract must be entered into in writing and made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy, except for the case specified in Clause 2 of this Article.
An employment contract entered into via electronic means in the form of a data message in accordance with the law on electronic transactions has the same value as a written labor contract.
2. The two parties may enter into a verbal labor contract for a contract with a term of less than 1 month, except for the cases specified in Clause 2, Article 18, Point a, Clause 1, Article 145, and Clause 1, Article 162 of the Ministry. this law.
What is the obligation to provide information when entering into a labor contract?
1. The employer must provide honest information to the employee about the job, working location, working conditions, working hours, rest time, occupational safety and hygiene, salary, form of payment, social insurance, health insurance, unemployment insurance, regulations on protection of business secrets, protection of technology secrets and other issues directly related to the labor contract that the employee requires.
2. The employee must provide truthful information to the employer about his/her full name, date of birth, gender, place of residence, education level, vocational skill level, certification of health status. health and other matters directly related to the conclusion of a labor contract requested by the employer.
What is the authority to enter into a labor contract?
1. Employees directly enter into labor contracts, except for the case specified in Clause 2 of this Article.
2. For seasonal jobs, certain jobs with a term of less than 12 months, a group of employees aged full 18 years or older may authorize one employee in the group to enter into a labor contract; in this case, the labor contract must be entered into in writing and have the same effect as a contract with each employee.
The labor contract signed by the authorized person must be accompanied by a list clearly stating the full name, date of birth, gender, place of residence and signature of each employee.
3. The person entering into a labor contract on the employer’s side is a person in one of the following cases:
a) The legal representative of the enterprise or the person authorized by law;
b) The head of an agency or organization has the legal person status as prescribed by law or an authorized person according to the provisions of law;
c) Representatives of households, cooperative groups, other organizations without legal status or authorized persons as prescribed by law;
d) Individuals directly employ workers.
4. The person entering into a labor contract on the employee’s side is a person in one of the following cases:
a) The employee is at least 18 years old;
b) The employee is from full 15 years old to under 18 years old with the written consent of his/her legal representative;
c) Persons under the age of 15 and their legal representatives;
d) The employee is legally authorized by the employees in the group to enter into a labor contract.
5. Persons authorized to enter into labor contracts may not re-authorize other persons to enter into labor contracts.
What is the current labor contract classification?
1. 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 a period not exceeding 36 months from the effective date of the contract.
2. 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, 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 is only allowed to 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 a person hired to act 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. .
What are the main contents of a labor contract?
An employment contract must contain the following principal contents:
a) Name and address of the employer and full name and title of the person entering into the labor contract on the employer’s side;
b) Full name, date of birth, gender, place of residence, number of citizen identification card, identity card or passport of the person entering into the labor contract on the employee’s side;
c) Work and place of work;
d) The term of the labor contract;
đ) Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;
e) The mode of promotion, salary increase;
g) Working time and rest time;
h) Provide labor protection equipment for employees;
i) Social insurance, health insurance and unemployment insurance;
k) Training, fostering and improving professional qualifications and skills.
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Frequently asked questions
The labor contract takes effect from the date of signing by the two parties, unless otherwise agreed upon by the two parties or provided for by law.
When employees work directly related to business secrets or technology secrets as prescribed by law, the employer has the right to reach a written agreement with the employee on the content and duration of work. protection of business secrets, protection of technology secrets, rights and compensation in case of violations.
The labor contract appendix is a part of the labor contract and has the same effect as the labor contract.
The labor contract appendix details, amends and supplements a number of articles and clauses of the labor contract, but the term of the labor contract must not be modified.
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.
Conclusion: So the above is Concluding a labor contract under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
