Today, LSX Lawfirm will give you an article about: “Acts that the employer must not do when entering into and performing an employment contract in accordance with Vietnamese law”, as follows:
Labor Code 2019
What is an employment contract?
A 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 the two parties agree by a different name but with contents showing paid employment, salary, and the management, administration, and supervision of one party. It also can understand a labor contract.
Finally, before accepting employees to work, the employer must enter into a labor contract with the employee.
The acts that the employer must not do when entering into and performing the labor contract
Keep originals of identity papers, diplomas, and certificates of employees.
Keeping diplomas and identification documents can affect the employee’s job application process and other civil transactions. Therefore, the law stipulates that the employer cannot keep such documents. This is to ensure the legitimate rights and interests of employees in general and citizens in particular.
Require employees to obey security measures in money or other property for the performance of the labor contract.
Accordingly, when entering into the labor contract as well as the process of performing the labor contract, the employer does not have the right to agree with the employee on depositing an amount of money to the employer to ensure the safety of the employee performance of the labor contract. Even though the employee agrees, this is still a violation of the law.
Forcing employees to perform labor contracts to pay debts to employers.
Based on the principle of entering into a contract: Voluntaryness, equality, goodwill, cooperation, and honesty; Freedom to enter into labor contracts but not against the law, collective labor agreement, and social ethics. Seeing that, the above behavior violated the principle of entering into labor contracts that the law has promulgated.
In order to protect their rights and interests, when employees do not keep the original documents, they need to secure money, force the performance of labor contracts to pay debts to the employers who have the right to complain. complaints and lawsuits in accordance with regulations.
Penalties for violations committed by employers when entering into labor contracts
Enterprises commit administrative violations when committing acts not to do when entering into and performing labor contracts. Specifically a fine of from VND 20,000,000 to VND 25,000,000 for employers who have one of the above violations.
The labor contract is entered into in writing and is made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy.
An employment contract entered 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 probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job. Accordingly, an enterprise is only required to have one probationary period for one job as agreed by the parties.
However, the law does not prohibit trying multiple jobs with different jobs at the same enterprise. That is, the employer and the employee can completely agree to try many times, but each probationary period can only perform a job.
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