After a 2-month probationary period at the P.L.C Language Center in Ho Chi Minh City, I have repeatedly requested to sign a formal contract and insurance policies, but the Director... has evaded; the agreed-upon salary payments have also been delayed.
The P.L.C language center is currently recruiting many new positions solely based on verbal promises, without any Employment Contracts; please advise on how to resolve this situation!
Legal Consultant:
Regarding Employment Contracts (HDLD)
Firstly, Clause 1, Article 29 of the 2012 Labor Code states that if a probationary period meets the requirements, the employer (NSDLD) must enter into an HDLD with the employee (NLD). The probationary period is 60 days for jobs requiring college-level qualifications or higher, 30 days for jobs requiring intermediate qualifications, and 6 days for other jobs.
If the employee meets the requirements after the probationary period and the NSDLD continues to employ the NLD, an HDLD must be executed.
Secondly, according to Clause 1, Article 18 of the 2012 Labor Code, before the NLD starts working, the NSDLD and the NLD must directly enter into an HDLD. According to Article 16 of the 2012 Labor Code, an HDLD must be executed in writing..., but for temporary work with a term of less than 03 months, the parties can enter into a verbal labor contract.
Regarding Wages
According to Article 28 of the 2012 Labor Code, during the probationary period, the worker's salary must be at least 85% of the salary for that job. As per Article 96 of the 2012 Labor Code, the NLD has the right to receive their salary directly, fully, and on time.
If the reader's rights are not guaranteed according to the provisions of the Labor Code, the reader has the right to petition directly to the NSDLD for resolution.
According to Dan Tri
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | [email protected] |