Can the head of human resources sign labor contracts with employees in Vietnam?

The director of my company is the legal representative of the company, but due to a busy schedule, I could not come to sign the labor contract on the right day. Can the director re-authorize the head of the human resources department to sign the labor contract? Can the head of human resources sign labor contracts with employees in Vietam? Can a director sign a labor contract with himself? Looking forward to the lawyer’s answer, I sincerely thank you!

Thank you for sending your question to Lawyer X. In the article below, we will answer your questions. Hope this article brings a lot of useful things to you.

Legal grounds

• Labor Code 2019
• Civil Code 2015

Can the head of human resources sign labor contracts with employees?

Pursuant to Article 18 of the 2019 Labor Code, the competence to enter into labor contracts is as follows:

“Article 18. Authority to enter into labor contracts

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 others to enter into labor contracts.”

Accordingly, the employer having the authority to enter into a labor contract includes the legal representative, the person directly employing the employee and the person authorized to conclude the contract. An employee may himself or herself authorize an employee in the same group to enter into a labor contract.

However, in your case, the director of your company is the legal representative but is not present at the company, he can re-authorize the head of the human resources department to sign a labor contract to ensure comply with regulations.

Can the director sign a labor contract with himself or not?

According to the provisions of Clause 3, Article 141 of the 2015 Civil Code, the scope of representation is as follows:

“Article 141. Scope of representation

1. A representative may only establish and perform civil transactions within the scope of representation on the following grounds:

a) A decision of a competent authority;

b) The charter of the legal person;

c) Contents of authorization;

d) Other provisions of law.

2. In case the scope of representation cannot be determined as prescribed in Clause 1 of this Article, the legal representative has the right to establish and perform all civil transactions for the benefit of the represented person. unless otherwise provided by law.
3. An individual or juridical person may represent many different individuals or legal entities, but may not act on behalf of the represented person to establish and perform civil transactions with himself or with a third party that he/she is also the representative of that person, unless otherwise provided for by law.
4. The representative must notify the transaction party about the scope of his/her representation.”

According to the above provisions, a person cannot be the representative of two subjects in the same labor contract. Therefore, the director cannot sign a labor contract with himself.

Is it possible to authorize someone else to sign a labor contract?

Pursuant to Article 18 of the 2019 Labor Code on the competence to enter into labor contracts:

Employees directly enter into labor contracts, except for the case specified in Clause 2 of this Article.

Clause 2 of this Article provides as follows:

For seasonal jobs or 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.
Thus, for seasonal jobs or jobs with a term of less than 12 months, employees aged full 18 years or older are authorized to sign labor contracts.

In addition, according to the provisions of Clause 3, Article 18 of the Labor Code 2019, the authorized person in accordance with the law can represent the employer to enter into a labor contract.
In addition, in Clause 3, Article 141 of the Civil Code 2015, an individual is not allowed to establish and perform civil transactions on behalf of the represented person with himself or with a third party of which he is also the representative. representative of such person, unless otherwise provided for by law.
From the above grounds, in order to sign a labor contract with the director in this case, it is necessary to re-authorize the deputy director in accordance with the law.

Services of LawyerX

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand information of client Lawyer X will be 100% confidential.

Please contact us immediately if you have any questions about “Can the head of human resources sign labor contracts with employees in Vietnam?”

Related article:

• The term of the labor contract is in accordance with Vietnamese law
• Labor contract in accordance with Vietnamese law
• In Vietnam, are employers allowed to enter into labor contracts with 15-year-olds?

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question about: “Can the head of human resources sign labor contracts with employees in Vietnam?”. If you need any further information, please contact  LSX Law firm: +84846175333 or Email: [email protected]

Frequently asked questions

Conclusion: So the above is Can the head of human resources sign labor contracts with employees in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com