The Rights of Employees during the Period of Employment under a Contract Declared Null and Void

03:37, 10/07/2024

This is an important content stipulated in Circular 30/2013/TT-BLDTBXH of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of certain provisions of Decree 44/2013/ND-CP detailing the implementation of certain provisions of the Labor Code regarding labor contracts.

According to the provisions of Article 16 of Circular 30/2013/TT-BLDTBXH, the rights and benefits of employees during the period when the labor contract is declared completely invalid until a new labor contract is concluded are implemented as follows:

Employee rights during the working period under invalidated labor contract, Circular 30/2013/TT-BLĐTBXH

Illustrative image (source internet)

- First: In cases where the labor contract declared completely invalid contains provisions on the rights and benefits of employees that are not lower than those stipulated by labor laws, internal labor regulations, or collective labor agreements (if any), the rights and benefits of each party shall be implemented according to the agreement in the declared invalid labor contract.- Second: In cases where the labor contract declared completely invalid contains provisions on the rights and benefits of employees that are lower than those stipulated by labor laws, internal labor regulations, or collective labor agreements (if any), the rights and benefits of each party shall be implemented according to the internal labor regulations, collective labor agreements, and labor laws. Particularly for provisions on wages that are lower than the stipulations of labor laws, internal labor regulations, and collective labor agreements being applied, the employer is responsible for compensating the employee the amount according to the provisions of Article 13 of Circular 30/2013/TT-BLDTBXH.

Note: The period during which the employee starts working under a labor contract declared completely invalid until a new labor contract is concluded shall be considered as the working time for the employer to base on for the implementation of policies in accordance with labor laws.

More details can be found in Circular 30/2013/TT-BLDTBXH effective from December 10, 2013.

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