Recently, Circular 30/2013/TT-BLDTBXH has been promulgated by the Minister of Labor, Invalids, and Social Affairs, providing guidance on the implementation of certain provisions of Decree 44/2013/ND-CP, detailing the implementation of several provisions of the Labor Code regarding labor contracts.
According to Circular 30/2013/TT-BLDTBXH regarding the regulation on the declaration of labor contracts as invalid, it is stipulated as follows:
Illustration (Source: Internet)
- The Chief Inspector of the Department of Labor, Invalids and Social Affairs where the record of the labor contract violation is made shall issue a decision to declare the labor contract partially invalid according to the form prescribed in Appendix No. 05 or a decision to declare the entire labor contract invalid according to the form prescribed in Appendix No. 06 attached to this Circular.- In case multiple labor contracts have the same violation content, the Chief Inspector of the Department of Labor, Invalids and Social Affairs shall issue one decision declaring the labor contracts partially or entirely invalid, accompanied by a list of partially or entirely invalid labor contracts.- The decision declaring the labor contract invalid must be sent to the employer, the employee or each employee in the case of a labor contract concluded with a group of employees, the grassroots trade union executive board or the directly superior trade union executive board where the grassroots trade union has not yet been established, the district-level People's Committee where the enterprise's headquarter or place of business operations, unit, or branch is located.
Thus, the Chief Inspector of the Department of Labor, Invalids and Social Affairs has the authority to issue decisions declaring labor contracts invalid.
Refer to related regulations in Circular 30/2013/TT-BLDTBXH, effective from December 10, 2013.
Thu Ba
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