Latest sample of fixed-term employment contract in Vietnam in 2023? What contents must be included in an employment contract?
What is a fixed-term employment contract in Vietnam? What contents must be included in an employment contract?
Pursuant to Clause 1, Article 13 of the 2019 Labor Code of Vietnam, 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.
Before recruiting employees, the employer shall enter into an employment contract with such employee in writing or through electronic means.
According to that, employment contracts are divided into 2 types:
- Indefinite-term employment contract;
- Fixed-term employment contract.
Pursuant to Point b, Clause 1, Article 20 of the 2019 Labor Code of Vietnam, the concept of a fixed-term employment contract is defined as follows:
A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.
According to Clause 1, Article 21 of the 2019 Labor Code of Vietnam, the mandatory contents of an employment contract include:
- 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.
The preparation of these contents is specifically guided in Chapter II of Circular 10/2020/TT-BLDTBXH.
Latest sample of fixed-term employment contract in Vietnam in 2023? What contents must be included in an employment contract? (Image from the Internet)
What is the latest sample of fixed-term employment contract in Vietnam in 2023?
Pursuant to Article 15 of the 2019 Labor Code of Vietnam, employment contracts are entered into on the principles of voluntariness, equality, good faith, cooperation, honesty and freedom to enter into an employment contract which is not contrary to the law, the collective bargaining agreement and social ethics.
According to that, employees and employers can refer to the sample of a fixed-term employment contract in 2023, which is built based on the criteria of the 2019 Labor Code of Vietnam as follows:
Download the sample of fixed-term employment contract in Vietnam in 2023: Click here.
What to do when the employment contract expires but the employee keeps working?
In case the term of a fixed-term employment contract has expired but the employee keeps working, the provisions of Clause 2, Article 20 of the 2019 Labor Code of Vietnam shall be applied.
To be specific:
- Within 30 days from the expiration date of the employment contract, both parties shall conclude a new employment contract. Before such a new employment contract is concluded, the parties’ rights, obligations and interests specified in the old employment contract shall remain effective;
- If a new employment contract is not concluded after the 30-day period, the existing employment contract mentioned in Point b Clause 1 of this Article shall become an employment contract of indefinite term;
- The parties may enter into 01 more fixed-term employment contract. If the employee keeps working upon expiration of this second fixed-term employment contract, the third employment contract shall be of indefinite term.
(Except for employment contracts with directors of state-invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and Clause 4 Article 177 of the 2019 Labor Code of Vietnam.)
LawNet
