This is the content mentioned in Circular 30/2013/TT-BLDTBXH 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 Point a, Clause 1, Article 14 of Circular 30/2013/TT-BLDTBXH, an employer who signs a labor contract without the correct authority prescribed in Clause 1, Article 11 of Decree 44/2013/ND-CP is a person who signs the contract but does not belong to the following categories:
Illustrative image (source: internet)
- The legal representative as stipulated in the company's charter or the person authorized by the legal representative for enterprises operating under the Enterprise Law;- The legal representative as stipulated in the cooperative, union of cooperatives charter or the person authorized by the legal representative for cooperatives, unions of cooperatives operating under the Cooperative Law;- The head of the agency, unit, organization or the person authorized by the head of the agency, unit, organization for state agencies, public service providers, political organizations, and socio-political organizations that employ workers under the labor contract policies;- The head of the organization or the person authorized by the head of the organization for agencies, organizations, branches, and representative offices of foreign or international organizations located in Vietnam;- The head of the household or the representative of the household who hires and uses labor;- Individuals who directly employ labor.
For further related regulations, see Circular 30/2013/TT-BLDTBXH, effective from December 10, 2013.
Thu Ba
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