In Vietnam, are employers allowed to enter into labor contracts with 15-year-olds?
According to the law, people from full fifteen years old to under eighteen years old can establish and perform civil transactions by themselves, except for civil transactions related to real estate, movable property must be registered and delivered. Other civil services as prescribed by law must be approved by the legal representative. So can 15-year-olds enter into labor contracts? Let’s clarify with the labor law department of Lawyer X.
Legal grounds:
Labor Code 2019
What is an employment contract?
Pursuant to Article 13 of the 2019 Labor Code, the labor contract is as follows:
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 two parties agree by a different name but with contents showing paid employment, salary and the management, administration and supervision of one party, it shall be considered as an employment contract.
Thus, it can be understood that an employment contract is an agreement between an employer and an employee. The labor contract will specify the work and rights and obligations of the parties. This is also the type of legal document that is forced between the employee and the employer.
Can 15-year-olds enter into labor contracts?
Pursuant to Clause 4, Article 18 of the Labor Code 2019; The person competent to enter into a labor contract on the employee’s side is specified as follows:
- Employees aged full 18 years or older.
- The employee is from full 15 years old to under 18 years old with the written consent of his/her legal representative.
Persons under 15 years of age and their legal representatives.
- The employee is legally authorized by the employees in the group to enter into a labor contract.
Thus, according to the provisions of the law, for persons aged full 15 years and under 18 years, they have the right to enter into labor contracts on their own. However, the written consent of the legal representative is required; The legal representative here can be understood as father, mother, grandfather, grandmother, …
Principles of contracting.
Pursuant to Article 15 of the 2019 Labor Code. Parties are free to enter into contracts based on voluntariness, equality, goodwill, cooperation and honesty. However, the parties need to pay attention not to contravene the provisions of the law, the collective labor agreement and social ethics.
Principles of using juvenile workers.
Pursuant to Article 144 of the 2019 Labor Code, regulations on the employment of minors are as follows:
– Juvenile workers are only allowed to do jobs suitable for their health to ensure their physical, intellectual and personality development.
– The employer, when employing a minor, is responsible for taking care of the employee in terms of labor, health, and learning during the working process.
– When employing minors, the employer must obtain the consent of the father, mother or guardian; make a separate monitoring book, record full name, date of birth, current job, results of periodical health checks and present it at the request of a competent state agency.
– Finally, Employers must create opportunities for juvenile employees to study culture, vocational education, training, retraining and improve vocational skills.
Jobs and workplaces that are prohibited from employing workers from full 15 to under 18 years of age.
It is forbidden to employ workers from full 15 years old to under 18 years old to do the following jobs:
- Carrying, carrying or lifting heavy objects beyond the capacity of minors.
- Producing and trading in alcohol, wine, beer, tobacco, psychoactive substances or other addictive substances.
- Production, use or transportation of chemicals, gases, explosives.
- Maintenance and repair of equipment and machinery.
- Demolition of construction works.
- Cooking, blowing, casting, rolling, stamping, welding metal.
- Diving, fishing, offshore seafood.
- Finally, Other jobs that harm the physical, mental and personality development of minors.
In addition, it is forbidden to employ workers from full 15 years old to under 18 years old to work in the following places:
- Underwater, underground, in caves, in tunnels;
- Construction site.
- Cattle slaughterhouse.
- Casino; bar; discotheque; karaoke room; hotel; hotel; sauna facilities; massage facility; lottery business points; video game service.
- Finally, another workplace harms the physical, intellectual and personality development of minors.
Related article:
The term of the labor contract is in accordance with Vietnamese law
Labor contract in accordance with Vietnamese law
Frequently asked questions:
Pursuant to Clause 2, Article 146 of the Labor Code 2019.
At that time, the 15-year-old employee must not work more than 08 hours in a day; up to 40 hours in a week.
Pursuant to Clause 3, Article 145 of the 2019 Labor Code. Employers may recruit employees under 13 years of age to do the following jobs: Performing arts, physical training and sports activities but without harming the employee’s health and safety. develop the physical strength, intelligence and personality of people under the age of 13 and must be approved by the specialized labor agency under the provincial People’s Committee. Thus, you can refer to the above works.
Pursuant to Clause 4, Article 18 of the Labor Code 2019.
Employees under 15 years of age when entering into a labor contract must include a legal representative to sign the same. Thus, 13-year-olds cannot sign labor contracts by themselves.
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