The company that amends the term of the labor contract in Vietnam with the labor contract appendix will be fined up to VND 40,000,000?

Main Content

• What is the time limit for notification of the request for amendment and supplementation of the contents of the labor contract?
• Is it possible to amend the term of the labor contract in the labor contract appendix?
• Amendment of the term of the contract by the addendum of the labor contract will be penalized?

What is the time limit for notification of the request for amendment and supplementation of the contents of the labor contract?

Pursuant to Article 33 of the Labor Code 2019 stipulates as follows:

“Article 33. Amendment and supplementation of labor contracts

1. During the performance of the labor contract, if any party requests to amend or supplement the contents of the labor contract, it must notify the other party at least 03 working days in advance of the contents to be amended. additional.

2. If the two parties can reach agreement, the amendment and supplementation of the labor contract's contents shall be carried out by signing an appendix to the labor contract or concluding a new labor contract.

3. In case the two parties cannot agree on the amendment and supplementation of the labor contract, they shall continue to perform the signed labor contract.”

Accordingly, if the employer or employee requests to amend and supplement the content of the labor contract, it must notify the other party at least 03 days in advance of the content to be amended or supplemented.

The company that amends the term of the labor contract in Vietnam with the labor contract appendix will be fined up to VND 40,000,000?

Is it possible to amend the term of the labor contract in the labor contract appendix?

Pursuant to Article 22 of the Labor Code 2019 stipulates as follows:

“Article 22. Appendix to labor contract

1. The labor contract appendix is ​​a part of the labor contract and has the same effect as the labor contract.

2. The labor contract appendix details, amends and supplements a number of articles and clauses of the labor contract, but the term of the labor contract must not be modified.

In case the labor contract appendix details a number of articles and clauses of the labor contract which leads to a different interpretation from the labor contract, the contents of the labor contract shall prevail.

In case the labor contract appendix amends or supplements a number of articles and clauses of the labor contract, it must clearly state the content of the amended and supplemented article and clause and the effective time.”

Accordingly, the labor contract appendix will not be able to modify the term of the contract.

Amendment of the term of the contract by the addendum of the labor contract will be penalized?

Pursuant to Article 12 of Decree 12/2022/ND-CP stipulates as follows:

“Article 12. Violations against regulations on amendment, supplementation, termination of labor contracts

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on the employer for failing to notify the employee in writing of the termination of the labor contract when the labor contract is terminated according to the provisions of this Law. provisions of the Labor Code, except for the cases specified in Clauses 4, 5, 6, 7 and 8 Article 34 of the Labor Code.

2. A fine shall be imposed on the employer who commits one of the following acts: Amending the term of the contract with an appendix to the labor contract; failure to comply with regulations on the time limit for payment of employee benefits upon termination of the labor contract; fails to pay or fails to pay enough severance allowance to employees as prescribed by law; fails to pay or fails to pay job loss allowances to employees as prescribed by law; failing to pay or not paying enough money to employees as prescribed by law when unilaterally terminating the labor contract illegally; fail to complete the procedures for confirming the time of payment of social insurance and unemployment insurance premiums and return them together with the originals of other papers kept by the employee after the termination of the labor contract as prescribed by law; not provide copies of documents related to the employee's working history if the employee requests after terminating the labor contract at one of the following levels:

a) A fine ranging from VND 1,000,000 to VND 2,000,000 for violations from 01 to 10 employees;

b) A fine ranging from VND 2,000,000 to VND 5,000,000 for violations of between 11 and 50 employees;

c) A fine ranging from VND 5,000,000 to VND 10,000,000 for violations of between 51 and 100 employees;

d) A fine ranging from VND 10,000,000 to VND 15,000,000 for violations of between 101 and 300 employees;

dd) A fine from 15,000,000 VND to 20,000,000 VND for violations of 301 employees or more.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the employer who commits one of the following acts:

a) Termination of employees in case of change in structure, technology or economic reasons in one of the following cases: failure to consult in advance with the representative organization of employees at the workplace; in the case of a place where there is a representative organization of employees at the establishment of which the employee is a member; failing to notify 30 days in advance to the provincial People's Committee or the employee;

b) In case of change in structure, technology or for economic reasons; when dividing, splitting, merging, merging; sale, lease, change the type of business; transfer of ownership, right to use assets of enterprises or cooperatives where the employer commits one of the following acts: failing to make a plan on using labor; elaborating an employment plan but failing to include the main contents as prescribed by law or failing to exchange opinions with the employee representative organization at the grassroots level for the place where the representative organization is located. at the grassroots level when formulating the labor use plan;

c) Use the regulations on assessing the level of job completion but do not consult the representative organization of employees at the establishment for the place where the representative organization of the employees is located.

4. Remedial measures

a) Forcing the employer to fully pay severance allowance or job loss allowance to the employee plus interest on the unpaid amount calculated at the highest interest rate on demand deposits of banks; State-owned commercial goods announced at the time of sanctioning for the act of failing to pay or not paying enough severance allowance or job loss allowance to employees specified in Clause 2 of this Article;

b) Forcing the employer to complete the procedures for certification and return other papers kept by the employee to the employee for the act of failing to complete the procedure for confirming the time of payment of social insurance premiums; unemployment insurance and return it together with the other original paper kept by the employee after the termination of the labor contract in accordance with the law specified in Clause 2 of this Article;

c) Forcing the employer to pay the employee an amount equivalent to the salary according to the labor contract of the days without prior notice before there is a violation of the notice period specified at Point a, Clause 3. This."

Accordingly, for the act of amending the contract term by means of an appendix to the labor contract, it will be based on the number of violated employees to determine the administrative sanction according to the above provisions.

Note: The level of administrative sanction as prescribed above is applied to individuals committing administrative violations. In case the organization violates, the administrative sanction will be double that of the violating individual.