Hi Lawyer, I would like to ask is it mandatory to sign a labor contract when working? I finished my probationary period for 2 months at the company, but the company did not sign a labor contract to avoid not paying social insurance. If I sign a labor contract, I will not get a raise. Will companies that do not sign labor contracts in Vietnam be fined? How is the penalty determined? Looking forward to helping my counsel. I would like to express my sincere thanks to Lawyer.
Thank you for trusting our consulting service. Regarding the above issue, Lawyer X advises you as follows:
Legal grounds
- Labor Code 2019
Does the company have to sign a labor contract with the employee?
According to Article 14 of the Labor Code 2019, the form of labor contract is as follows:
“Article 14. Form of labor contract
- 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.
- 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.”
Thus, according to the above provisions, the company must enter into a written contract for contracts with a term of full 1 month or more. Therefore, in case you have been working for 6 months and the company does not sign a contract, it is a violation of the law.
Will the company not sign a labor contract be penalized?
Clause 1, Article 21 of the Labor Code 2019 provides for the content of a labor contract, whereby a labor contract must have the following main contents:
– Name and address of the employer and the full name and title of the person entering into the labor contract on the employer’s side;
– 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;
- Work and place of work;
- The term of the labor contract;
- Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;
- Mode for raising grades, raising wages;
- Working time, rest time;
- Labor protection equipment for employees;
- Social insurance, health insurance and unemployment insurance;
- Training, fostering, improving professional qualifications and skills.
According to the above regulations, salary is the content that must be specified in the labor contract. Therefore, when signing a contract, the company is responsible for specifying your salary in the contract without you having to ask.
How many types of labor contracts are there?
- 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.
- 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 contents of an employment contract?
- A labor 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;
e) Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance and other additional amounts;
f) 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.
- When an employee’s work is directly related to a business secret or a technology secret as prescribed by law, the employer has the right to reach a written agreement with the employee on the contents, term of protection of business secrets, protection of technology secrets, rights and compensation in case of violation.
- For employees working in the fields of agriculture, forestry, fishery and salt production, depending on the type of work, the two parties may reduce a number of key contents of the labor contract and the additional agreement. supplement the content of the settlement method in case the contract performance is affected by natural disasters, fires and weather.
Does the labor contract addendum have high legal value?
- 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.
Related article:
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- Conditions for extension of labor subleasing operation license in Vietnam
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Frequently asked questions:
First, employees can ask the enterprise to sign a labor contract to protect their legitimate interests. If the enterprise still fails to sign the contract, the employee has the right to complain to the Inspector of the Department of Labor, War Invalids and Social Affairs where the enterprise is located, according to Decree 24/2018/ND-CP.
Complaints are made in the following forms: Submit a complaint and complain directly. The statute of limitations for making a first-time complaint is 180 days from the date the employee learns of the violation by the enterprise.
– 180 days: Business manager’s job.
– 60 days: The job requires professional and technical qualifications from college or higher.
– 30 days: The job requires professional qualifications, intermediate technicians, technical workers, professional staff.
– 6 working days: Other work.
Conclusion: So the above is Will companies that do not sign labor contracts in Vietnam be fined?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
