Can annexes to employment contract extend the duration of the employment contract in Vietnam?
Vietnam: How many times can a fixed-term employment contract be renewed?
Pursuant to Article 20 of the Labor Code 2019, regulations on specific types of employment contracts are as follows:
Types of employment contracts
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2. If an employee keeps working when an employment contract mentioned in Point b Clause 1 of this Article expires:
a) 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;
b) 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;
c) 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 this Labor Code.
Thus, the parties may enter into 01 more fixed-term employment contract.
However, the employer and employee can sign a fixed-term labor contract multiple times if they fall into one of the following 4 cases:
- Employment contracts with directors of state-invested enterprises;
- When an elderly person is employed;
- Foreign workers working in Vietnam;
- In case the employment contract with an employee that is a member of the management board of the internal employee representative organization expires before the end of his/her term of office.
Can annexes to employment contract extend the duration of the employment contract in Vietnam?
Can annexes to employment contract extend the duration of the employment contract in Vietnam?
According to the provisions of Article 22 of the Labor Code 2019 issued on annexes to employment contract 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.
Accordingly, an annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.
However, for fixed-term employment contracts (except for the exceptions mentioned in the above content), they can only be concluded twice and the contract appendix cannot modify the term of the employment contract.
Therefore, the annexes to employment contract cannot be used to extend a fixed-term employment contract that has ended for the second time.
What are the contents of fixed-term employment contracts in Vietnam?
Pursuant to Article 21 of the Labor Code 2019, regulations on the contents of employment contracts are as follows:
Contents of employment contracts
1. An employment contract shall have the following major contents:
a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
b) 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;
c) The job and workplace;
d) Duration of the employment contract;
dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
e) Regimes for promotion and pay rise;
g) Working hours, rest periods;
h) Personal protective equipment for the employee;
i) Social insurance, health insurance and unemployment insurance;
k) Basic training and advanced training, occupational skill development.
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Thus, when both parties enter into a fixed-term employment contract, they must ensure the following 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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