New regulations employees should know in labor contracts from 2021. Let us learn about this topic with LSX law firm as follow:
Only 02 types of labor contracts left
According to Article 20 of the Labor Code 2019, from January 1, 2021; a labor contract will be entered into one of the following categories:
– Labor contract with an indefinite term.
– A definite-term labor contract, in which the two parties determine the term; and the time of termination of the labor contract within 36 months from the effective date of the contract.
Thus, there will be no more seasonal labor contracts; or specific jobs compared with the current regulations in Article 22 of the Labor Code 2012.
Can sign labor contracts through electronic means
Article 14 of the Labor Code 2019 accepts labor contracts signed through electronic; means in the form of data messages (new regulations).
An employment contract entered via electronic means in the form of a data message under the law on electronic transactions has the same value as a written labor contract.
The probationary period does not apply to labor contracts of less than one month
According to the current regulations in Article 26 of the Labor Code 2012; only those who sign seasonal labor contracts automatically not have to work. From 2021, there will be no more seasonal labor contracts. The Law stipulates that no probationary work will be applied to labor contracts of less than one month.
Adding more cases of temporary suspension of labor contracts compared to the current one
There are more cases where employees are entitled to a temporary suspension of labor contracts; in Article 30 of the 2019 Labor Code compared to Article 32 of the 2012 Labor Code:
– Employees perform the obligation to join the Militia and Self-Defense Forces;
The employee is authorized to exercise the rights; and responsibilities of the enterprise to the capital portion of the enterprise invested in another enterprise.
Employees have the right to terminate the labor contract without reason unilaterally
– Article 37 of the Labor Code 2012: The employee has a fixed-term labor contract when unilaterally terminating the labor contract; It is mandatory to have one of the reasons mentioned in Clause 1, Article 37 of the Labor Code 2012; and at the same time to meet the conditions for a notice period.
– Article 35 of the Labor Code 2019: The employee has the right to terminate the labor contract without reason unilaterally; only need to meet the conditions of the notice period in Clause 1; Article 35 (except for 01 cases where no prior notice needed)
02 cases where the employer has the right to terminate the contract without prior notice unilaterally
The employer also has the right to unilaterally terminate the labor contract without prior notice in the following 02 cases:
– The employee is not present at the workplace within 15 days; from the expiration of the time limit for suspending the performance of the labor contract.
– The employee voluntarily quits his job without a valid reason for 05 consecutive working days or more.
(Currently, according to the provisions of Article 38 of the Labor Code 2012; the employer must notify the employee in advance when unilaterally terminating the contract).
Supplementing regulations on cases in which an employee is entitled to terminate a labor contract without prior notice unilaterally
The Labor Code 2019 stipulates the following exceptional cases where the employee does not need prior notice:
Firstly, not arranged according to the right job; working location or not guaranteed the agreed working conditions, except for the case specified in Article 29 of this Code;
Secondly, not paid in full or on time; except for the case specified in Clause 4, Article 97 of this Code;
Thirdly, abused, beaten by the employer or having insulting words or acts, acts affecting health, dignity, and honor; forced labor;
Moreover, sexually harassed at work;
In addition, pregnant female employees must take leave as prescribed in Clause 1, Article 138 of this Code;
Or having reached the retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties;
also the employer provides untruthful information as prescribed in Clause 1; Article 16 of this Code, affecting the performance of the labor contract.
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