Vietnam law stipulates which cases are not authorized to enter into labor contracts

In daily social life, when entering into civil, commercial or labor contracts, it is necessary to have the participation of the parties involved in the transaction. However, due to objective reasons, the person with directly related interests cannot perform the transaction, so it is permitted by law to authorize another party. So, Vietnam law stipulates which cases are not authorized to enter into labor contracts? What is a valid authorization to sign a labor contract? Let’s find out with Lawyer X the legal provisions on this issue in the content of the article below. Hope this article brings a lot of useful things to you.

Legal grounds

• Labor Code 2019

Is it authorized to enter into a labor contract?

Pursuant to the provisions of Clause 18, Labor Code 2019 on the authority to enter into labor contracts, specifically as follows:

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.

….

5. Persons authorized to enter into labor contracts may not re-authorize others to enter into labor contracts.”

Thus, with the above-mentioned legal provisions, the employee must directly enter into a labor contract with the employer in accordance with the provisions of the law. However, there are still cases where an employee can authorize a person from a group of employees for seasonal work, a certain job with a term of less than 12 months, but it should be noted that it must be a group of employees. the employee is 18 years old or older and the labor contract must clearly state the authorized person, the authorized person.

Which cases are not authorized to enter into labor contracts?

According to the legal provisions analyzed in the above content: Employees must directly enter into labor contracts with the employer in accordance with the provisions of law. However, there are still cases where an employee can authorize a person from a group of employees for seasonal work, a certain job with a term of less than 12 months, it should be noted that it must be a group of employees. The employee is 18 years old or older and the labor contract must clearly state the authorized person, the authorized person.

According to that regulation, only the above cases are authorized to join the labor contract (authorizing one person in the group of employees for seasonal work, certain jobs with a term of less than 12 months), and The employee must directly enter into the contract

What is a valid authorization to sign a labor contract?

According to the legal provisions analyzed in the above content, it is found that the law does not prohibit the authorization to sign labor contracts.

According to regulations, for seasonal jobs, certain jobs with a term of less than 12 months, a group of employees aged full 18 years or older can authorize one employee in the group to enter into a contract. The authorization to enter into a labor contract for an employee in the group must be made in writing and have the same effect as a contract with each person. 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.

What is the law in which a person is not authorized to enter into a labor contract?
The provision of authorization to be authorized to sign labor contracts must be consistent with the actual situation, helping the parties to solve everything quickly, saving the parties’ time and effort.

Principles of entering into labor contracts

Firstly, the principles of voluntariness, equality, goodwill, cooperation and honesty.

This principle is one of the basic and specific principles of the labor contract relationship. Unlike civil, commercial, and business transactions, labor contracts are often performed for a long time, between two subjects there is a close relationship of interests with each other. , cooperation is very important, different from buying and selling outright in civil transactions, commercial business. This is the initial principle, the premise of legal principles to solve problems occurring in the labor relations.

Secondly, the principle of freedom to enter into labor contracts but not to contravene the law, the collective labor agreement and social ethics.

The agreements between the parties in the labor contract must not be contrary to the provisions of law; that is, they cannot be less than the minimum requirements and cannot be higher than the maximum requirements. This represents “respect for the privacy and individuality of the parties in the relationship, i.e. the right to participate in the relationship or not, for how long, with whom and the content of the relationship, including the rights and obligations of the parties.” What service is completely decided by the subjects.

The agreements in the labor contract must not be contrary to the collective labor agreement and social ethics, the rights of employees in the labor contract must not be lower than the level agreed in the collective labor agreement. . A collective labor agreement is a written agreement between the labor collective and the employer on the working conditions that the two parties have reached through collective bargaining. Collective agreements include enterprise collective bargaining agreements, industry collective bargaining agreements and other forms of collective bargaining agreements prescribed by the government.

Therefore, when entering into labor relations, the content of the contract must not be contrary to the provisions of the specific labor agreement and social ethics. This principle has an important meaning in order to protect the legitimate rights and interests of employees and the labor collective in labor relations.

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Please see more:

• Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam?
• Policy on the salary of employees by the law of Vietnam
• What are rights and obligations of employees and employers under Viet Nam Labor Law?

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