07 things to know about labor contracts 2022 according to the latest Labor Law of Vietnam 2022?
- What types of labor contracts are there in Vietnam?
- What is an employment contract according to Vietnamese regulations?
- What is required in the employment contract in Vietnam?
- Is it mandatory to enter into a written labor contract in Vietnam?
- Latest Employment Contract Form 2022
- Can employees sign multiple employment contracts at the same time in Vietnam?
- Can the labor contract be renewed by the labor contract appendix in Vietnam?
What types of labor contracts are there in Vietnam?
Pursuant to the provisions of Clause 1, Article 20 of the Labor Code 2019 stipulates the specific type of labor contract as follows:
- An indefinite-term labor contract is a contract in which the two parties do not specify the term and time of termination of the contract's validity;
- A definite-term labor contract is a contract in which the two parties determine the term and time of termination of the contract's validity for a period not exceeding 36 months from the effective date of the contract.
07 things to know about labor contracts 2022 according to the latest Labor Law of Vietnam 2022?
What is an employment contract according to Vietnamese regulations?
Article 13 of the Labor Code 2019 stipulates specific labor contracts as follows:
Article 13. Employment contract
1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.
2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.
Accordingly, a labor contract is an agreement between an employee and an employer on paid employment, wages, labor conditions, rights and obligations of each party in the labor relationship.
In case the two parties agree by another name but with contents showing paid employment, salary and management, administration and supervision of one party, it shall be considered a labor contract.
What is required in the employment contract in Vietnam?
Pursuant to the provisions of Article 21 of the Labor Code 2019 , the main contents of the labor contract include:
- Name and address of the employer and full name and title of the person entering into the labor contract on the employer's side;
- Full name, date of birth, gender, place of residence, number of citizen identification card, identity card or passport of the person entering into the labor contract on the employee's side;
- Work and place of work;
- The term of the labor contract;
- Salary according to job or title, form of salary payment, salary payment period, salary allowance and other supplements;
- Regime of promotion and salary increase;
- Working time, rest time;
- PPE for employees;
- Social insurance, health insurance and unemployment insurance;
- Training, fostering and improving vocational qualifications and skills.
For employees working in the fields of agriculture, forestry, fishery and matchmaking, depending on the type of work, the two parties may reduce some key contents of the labor contract and agree to supplement the contents of the settlement method in case the performance of the contract is affected by natural disasters, fire, weather.
Is it mandatory to enter into a written labor contract in Vietnam?
According to the provisions of Article 14 of the Labor Code 2019 , the specific form of labor contract is as follows:
Article 14. Forms of employment contract
1. An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer, except for the case specified in Clause 2 of this Article.
An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.
2. Both parties may conclude an oral contract with a term of less than 01 month, except for the cases specified in Clause 2 Article 18, Point a Clause 1 Article 145 and Clause 1 Article 162 of this Labor Code.
Based on the above provisions, the employee and the employer must enter into a written labor contract in the following 04 cases:
- Labor contracts employing employees under 15 years old as prescribed at Point a, Clause 1, Article 145 of the Labor Code 2019.
- Labor contract with domestic workers as prescribed in Clause 1, Article 162 of the Labor Code 2019.
- Labor contracts are entered into according to the provisions of Clause 2, Article 18 of the Labor Code 2019.
- Labor contracts signed with other employees with a term of 01 month or more.
In the remaining cases, the employee and the employer can enter into a verbal labor contract.
Latest Employment Contract Form 2022
See details Latest Employment Contract Form 2022: Here.
Can employees sign multiple employment contracts at the same time in Vietnam?
For problems about whether an employee can sign multiple labor contracts at the same time, Article 19 of the Labor Code 2019 specifies as follows:
Article 19. Entering into multiple employment contracts
1. An employee may enter into employment contracts with more than one employer, provided that he/she fully performs all terms and conditions contained in the concluded contracts.
2. Where an employee enters into employment contracts with more than one employer, his/her participation in social insurance, health insurance and unemployment insurance schemes shall comply with regulations of law on social insurance, health insurance, unemployment insurance, occupational safety and health.
Thus, employees can enter into many labor contracts with many employers but must ensure full implementation of the signed contents.
In this case, the participation in social insurance, health insurance and unemployment insurance shall comply with the provisions of the law on social insurance, health insurance, unemployment insurance and occupational safety and health.
Can the labor contract be renewed by the labor contract appendix in Vietnam?
Clause 2, Article 22 of the Labor Code 2019 stipulates: An annex to an employment contract may elaborate or amend certain contents of the employment contract and must not change the duration of the employment contract.
Based on the above provisions, the employee and the employer may not renew the labor contract by the labor contract appendix.
It should be noted some issues when performing labor contracts and specific contract annexes as follows:
- In case the annex to the labor contract details a number of terms and clauses of the labor contract that lead to a different interpretation from the labor contract, it shall comply with the content of the labor contract.
- In case the appendix to the labor contract amends or supplements a number of terms and clauses of the labor contract, it must clearly state the contents of the articles, amended and supplemented clauses and the effective time.
Above is some of the information we provide to you. Best regards!
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