Consulting service for drafting labor contracts with foreigners. Common difficulties and problems when drafting labor contracts with foreigners. Let us learn about this topic with LSX law firm as follow:
How to write a labor contract with a foreigner:
According to current regulations, foreign workers work in the form of labor contracts after having work permits; then, the employer and the foreign worker must sign a written labor contract; according to the provisions of Vietnamese labor law before the expected date of working for the employer. Here is a guide on how to write an employment contract with a foreigner:
(1) Clearly define the type of Labor Contract; For a definite-term contract, there is a contract performance period;
(2) Specify the working location: Specify the address of the house number, street/street, district/district, province/city; at the head office, branch or representative office, etc.
(3) Specify the working department: Department/Department/Department/Direct working group
(4) Specify the title: Specify the Head/Deputy Department, specialist, employee, janitor, etc.
(5) Specify the full name and position of the Head of the Department/Department/Department/Group directly managing the employee.
(6) Clearly define working time and rest time;
(7) Specify the salary by job or title, salary allowance, and other additional amounts.
– The employee’s salary must not be lower than the minimum wage prescribed by the Government.
(8) Insurance regime as prescribed by Vietnamese law for foreign workers.
(9) Welfare regime: Depending on the ability and conditions of each enterprise to implement welfare regimes for employees such as gas and telephone money; housing, filial visits, weddings, sightseeing, travel, birthdays,…
(10) Note the terms of information security commitment:
– Do not provide or work for any of the Company’s competitors, including its subsidiaries, affiliates, or affiliates.
– Abuse or disclose to any individual or group of people confidential information or business secrets the technology of the Company.
Common difficulties and problems when drafting labor contracts with foreigners
Some difficulties and obstacles that employers and foreign workers still face when drafting labor contracts can be mentioned as follows:
Firstly, apply legal bases that are no longer valid to draft contracts; new regulations employees should know in labor contracts from 2021
Secondly, not knowing the conditions to sign a labor contract;
Thirdly, there is not enough information of the employee or the employer;
Moreover, the duration of the labor contract with the foreign worker depends on the course of the work permit granted by the foreign worker in the cases where a work permit is required; Therefore, the parties need to understand the provisions of the law on granting work permits to foreigners.
In addition, the form and method of payment for foreign workers are not specific.
Furthermore, the insurance regime for foreign workers: In any case, a foreign worker working in Vietnam must participate in compulsory social insurance, in which case they are not required to participate. How are the social insurance regimes for foreign workers implemented?
Also, the cases of termination of labor contracts for foreign workers are no different from those of termination of labor contracts for Vietnamese employees.
Consulting service for drafting labor contracts with foreigners
The labor contract is an important document to define labor relations; is the binding of rights and obligations between the employee and the employer, is the legal basis for settling disputes and conflicts arising in labor relations; Therefore, when drafting a labor contract, it is necessary to pay attention to the contents to protect your rights and interests. However, in the process of drafting labor contracts, many customers find many difficulties and problems. Understanding the problems of customers, LSX Law firm would like to provide consulting services on drafting contracts as follows:
- Consulting on the appropriate type of labor contract;
- Consultancy on procedures for granting, re-granting, and changing work permits for foreign workers;
- Consultancy on a form of labor contract;
- Consulting on the content of labor contracts;
- Performing labor contract drafting services;
- Advice on conditions to use foreign workers.
Finally, hope this article about Consulting service for drafting labor contracts with foreigners is helpful for you!
A labor contract is an agreement between an employee and an employer on paid employment, working conditions, rights, and obligations of each party in the labor relationship.
The subject of regulation of the labor law is the social relations related to the employer (labor relations); also the relations arising in the process of using the labor (relationships related to the labor relations) including employment relationship; apprenticeship relationship, damage compensation relationship; social insurance relationship, relationship between employer and representative of the labor collective; dispute settlement relationship labor disputes and strikes, relations on labor management