Vietnam: Is it possible to sign an annex to employment contract to change the workplace? What are the contents of employment contracts?
Vietnam: Is it possible to sign an annex to employment contract to change the workplace?
Pursuant to Article 22 of the 2019 Labor Code, regulations on labor contract appendices are as follows:
Annexes to employment contract
1. An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.
2. 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.
Where an annex to an employment contract elaborates the employment contract in a manner that leads to a different interpretation of the employment contract, the contents of the employment contract shall prevail.
Where an annex amends certain contents of the employment contract, it should clearly states the amendments or additions, and the date on which they take effect.
Thus, according to the above regulations, it is possible to sign an annex to employment contract to change the workplace. 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.
Is it possible to sign an annex to employment contract to change the workplace? What are the contents of employment contracts in Vietnam?
What are the fine imposed upon empoyers for changing the term of an employment contract using its annex in Vietnam?
Pursuant to the provisions of Clause 2, Article 12 of Decree 12/2022/ND-CP stipulating fine imposed upon empoyers for violations against regulations on modification, revision and termination of employment contracts
Violations against regulations on modification, revision and termination of employment contracts
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2. The following fines shall be imposed upon an employer for commission of one of the following violations: Changing the term of an employment contract using its annex; failing to comply with regulations on time limits for settling all payments in respect of the rights and interests of employees when terminating the employment contracts; failing to pay or insufficiently paying severance allowances to employees in accordance with regulations of law; failing to pay or insufficiently paying redundancy allowances to employees in accordance with regulations of law; failing to make or insufficiently making the prescribed payments to employees when unilaterally terminating their employment contracts in breach of law; failing to complete procedures for certification of duration of participation in social insurance and unemployment insurance, and return the certification and original copies of other documents to employees after terminating their employment contracts in accordance with regulations of law; failing to provide copies of the documents relevant to the employee’s working period if requested by the employee after terminating his/her employment contract:
a) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if the violation involves 301 employees or more.
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4. Remedial measures
a) The employer is compelled to make full payments of severance allowances or redundancy allowances plus the interest on such amounts, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees in case of failing to pay or insufficiently paying severance or redundancy allowance as specified in Clause 2 of this Article;
b) The employer is compelled to complete procedures for certification and return documents, which have been kept by the employer, to employees in case of failing to complete procedures for certification of duration of participation in social insurance and unemployment insurance, and return the certification and original copies of other documents to employees after terminating their employment contracts in accordance with regulations of law as specified in Clause 2 of this Article;
c) The employer is compelled to pay an amount of money equal to the employee’s salary as agreed in the employment contract for the remaining notice period from the termination date in case of failing to comply with regulations on notice period as specified in Point a Clause 3 of this Article.
Thus, the act of changing the term of an employment contract using its annex may be subject to administrative sanctions in the form of a fine ranging from VND 1,000,000 to VND 20,000,000 depending on the severity of the violation.
Note: The violating organization that incurs a fine which is twice as much as that imposed upon a violating individual.
What are the contents of employment contracts in Vietnam?
Pursuant to Clause 1, Article 21 of the 2019 Labor Code, an employment contract shall have the following major contents::
- The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
- Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
- The job and workplace;
- Duration of the employment contract;
- Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
- Regimes for promotion and pay rise;
- Working hours, rest periods;
- Personal protective equipment for the employee;
- Social insurance, health insurance and unemployment insurance;
- Basic training and advanced training, occupational skill development.
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