What is the sample of indefinite-term employment contract in Vietnam? What are the cases of termination of an employment contract in Vietnam?
What is the sample of indefinite-term employment contract in Vietnam?
Currently, the law does not provide for an indefinite-term employment contract. Below is a sample of an indefinite-term employment contract (for reference only):
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Download the sample of indefinite-term employment contract in Vietnam: Here.
What is the sample of indefinite-term employment contract in Vietnam? What are the cases of termination of an employment contract in Vietnam? (Image from the Internet)
In what case is the performance of an employment contract suspended?
Pursuant to Clause 1, Article 30 of the 2019 Labor Code in Vietnam stipulating as follows:
Suspension of an employment contract in Vietnam
1. Cases of suspension of an employment contract in Vietnam:
a) The employee is conscripted into the army or militia;
b) The employee is held in custody or detention in accordance with the criminal procedure law;
c) The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;
d) The female employee is pregnant as specified in Article 138 of this Code;
dd) The employee is designated as the executive of a wholly state-owned single-member limited liability company;
e) The employee is authorized to representative the state investment in another enterprise;
g) The employee is authorized to represent the enterprise’s investment in another enterprise;
h) Other circumstances as agreed by both parties.
2. During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.
Thus, according to the above provisions, the cases of suspension of an employment contract:
- The employee is conscripted into the army or militia;
- The employee is held in custody or detention in accordance with the criminal procedure law;
- The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;
- The female employee is pregnant as specified in Article 138 of the 2019 Labor Code in Vietnam;
- The employee is designated as the executive of a wholly state-owned single-member limited liability company;
- The employee is authorized to representative the state investment in another enterprise;
- The employee is authorized to represent the enterprise’s investment in another enterprise;
- Other circumstances as agreed by both parties.
What are the cases of termination of an employment contract in Vietnam?
Pursuant to Article 34 of the 2019 Labor Code in Vietnam, the cases of termination of an employment contract include:
- The employment contract expires, except for the case specified in Clause 4 Article 177 of the 2019 Labor Code in Vietnam.
- The tasks stated in the employment contract have been completed.
- Both parties agree to terminate the employment contract.
- The employee is sentenced to imprisonment without being eligible for suspension or release as prescribed in Clause 5 Article 328 of the 2015 Criminal Procedure Code, capital punishment or is prohibited from performing the work stated in the employment contract by an effective verdict or judgment of the court.
- The foreign employee working in Vietnam is expelled by an effective verdict or judgment of the court or a decision of a competent authority.
- The employee dies; is declared by the court as a legally incapacitated person, missing or dead.
- The employer that is a natural person dies; is declared by the court as a legally incapacitated person, missing or dead. The employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province (hereinafter referred to as “provincial business registration authority”) issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations.
- The employee is dismissed for disciplinary reasons.
- The employee unilaterally terminates the employment contract in accordance with Article 35 of the 2019 Labor Code in Vietnam.
- The employer unilaterally terminates the employment contract in accordance with Article 36 of the 2019 Labor Code in Vietnam.
- The employer allows the employee to resigns in accordance with Article 42 and Article 43 of the 2019 Labor Code in Vietnam.
- The work permit or a foreign employee expires according to Article 156 of the 2019 Labor Code in Vietnam.
- The employee fails to perform his/her tasks during the probationary period under the employment contract or gives up the probation.
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