Performance of labor contracts in accordance with Viet Nam legal regulations
Perfomance of labor contracts is a significant stage when the rights and obligations of parties are realized. Viet Nam Law has regualtions on performance of labor contracts. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask about if there is anything I should notice when perform labor contracts? Thanks for your consulting!”
Legal grounds
Viet Nam Labor Code
What is performance of jobs under labor contracts?
The jobs under a labor contract shall be performed by the employee who has entered into the contract. The workplace shall be as indicated in the labor contract, unless otherwise agreed upon by the two parties.
Assignment of employees to perform jobs other than those stated in labor contracts
– When meeting with sudden difficulties such as natural disaster, fire or dangerous epidemic, or taking measures to prevent and respond to an occupational accident or disease or an electricity or water-related incident, or to meet production and business needs, the employer may temporarily assign the employee to perform a job other than that stated in the labor contract provided that the assignment period does not exceed 60 accumulated working days within 1 year; a longer assignment period shall be agreed in writing by the employee.
The employer shall specify in the internal working regulations cases in which, to meet production and business needs, it/he/she may temporarily assign the employee to perform a job other than that stated in the labor contract.
– At least 3 working days before temporarily assigning the employee to perform a job other than that stated the labor contract as prescribed in Clause 1 of Article 29 Labor Code, the employer shall inform such assignment to the employee, clearly stating the duration of temporary work, and assign a job which must be suitable to the employee’s health and gender.
– The employee who is assigned to perform a job other than that stated in the labor contract will receive a wage for the new job. If the wage for the new job is lower than the wage paid under the labor contract, the employee shall be paid the wage under the labor contract for 30 working days. The wage for the new job must be at least equal to 85% of the wage paid under the labor contract but must not be lower than the minimum wage.
– For the employee who refuses to temporarily perform a job other than that stated in the labor contract for over 60 accumulated wage in case of work suspension within 1 year and has to stop working, the employer shall give him/her a wage in case of work suspension in accordance with Article 99 of Labor Code.
Regulations on suspension of labor contracts
– Cases of suspension of a labor contract:
- The employee has to perform military service or perform the obligation to join militia and self-defense forces;
- The employee is held in custody or temporary detention in accordance with the criminal procedure law;
- The employee has to serve a decision on application of the measure of consignment to a reformatory, compulsory drug detoxification center or compulsory education institution;
- The female employee is pregnant as prescribed in Article 138 of this Code;
- The employee is appointed as manager of a single-member limited liability company with 100% charter capital held by the State;
- The employee is authorized to exercise the rights and perform the responsibilities of a representative of the state owner of state capital amounts in the enterprise;
- The employee is authorized to exercise the rights and perform the responsibilities of the enterprise with regard to the enterprise’s capital amount invested in another enterprise;
- Other cases as agreed upon by the two parties.
– During the suspension period of a labor contract, the employee is not entitled to the wage as well as rights and interests stated in the contract, unless otherwise agreed upon by the two parties or prescribed by law.
*Reinstatement of employees upon expiration of the suspension period of labor contracts
Within 15 days after the expiration of the suspension period of a labor contract, the employee shall show up at the workplace and the employer shall reinstate the employee in the job stated in the contract if such contract has not yet expired, unless otherwise agreed upon by the two parties or prescribed by law.
General regulations on part-time work
– Part-time employee is an employee who has a working period shorter than the normal daily, weekly or monthly working time as prescribed in the labor law, collective labor agreement or internal working regulations.
– The employee shall reach agreement with the employer on part-time work when entering into a labor contract.
– Part-time employees are entitled to wage and the same rights and obligations as full-time employees; equal opportunities, non-discrimination and assured occupational safety and health.
Modification of labor contracts
– During the performance of a labor contract, any party that wishes to modify the contract’s contents shall notify at least 3 working days in advance to the other party of the contents to be modified.
– In case the two parties can reach agreement on the modification of a labor contract, such modification shall be made through signing an annex to such contract or entering into a new labor contract.
– In case the two parties cannot reach agreement on the modification of a labor contract, they shall continue performing the signed contract.
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Frequently asked questions
During the performance of a labor contract, any party that wishes to modify the contract’s contents shall notify at least 3 working days in advance to the other party of the contents to be modified.
The jobs under a labor contract shall be performed by the employee who has entered into the contract. The workplace shall be as indicated in the labor contract, unless otherwise agreed upon by the two parties
During the suspension period of a labor contract, the employee is not entitled to the wage as well as rights and interests stated in the contract, unless otherwise agreed upon by the two parties or prescribed by law.
Conclusion: So the above is Performance of labor contracts in accordance with Viet Nam legal regulations. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
