Vietnam: Can an employer enter into an employment contract with a person under 15 years of age without a legal representative of that person?
- Can an employer enter into an employment contract with a person under 15 years of age without a legal representative of that person?
- What contents must be included in an employment contract with a person under 15 years of age?
- In case of disciplinary measures against persons under 15 years of age, must his/her legal representative be present?
Can an employer enter into an employment contract with a person under 15 years of age without a legal representative of that person?
Pursuant to the provisions of Article 145 of the 2019 Labor Code of Vietnam as follows:
Employment of employees under 15
1. When employing a person under 15, the employer shall:
a) Conclude a written contract with the employee and his/her legal representative;
b) Arrange the working hours so as not to affect the employee’s study hours;
c) Obtain the health certificate from a competent health facility which certifies that the employee’s health is suitable for the work assigned, and provide periodic health check-up for the employee at least once every 06 months;
d) Ensure that the working conditions, occupational safety and health are suitable for the employee’s age;
2. An employer is only entitled to assign employees aged 13 to under 15 to do the light works specified in Clause 3 Article 143 of this Labor Code.
3. Employers must not hire people under 13 to do works other than sports and arts, provided they do not affect their development of their physical health, mental health and personality, and the employment is accepted by the provincial labor authority.
4. The Minister of Labor, War Invalids and Social Affairs shall elaborate this Article.
At the same time, according to the provisions of Clause 4, Article 18 of the 2019 Labor Code of Vietnam as follows:
Competence to conclude employment contracts in Vietnam
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4. The person who concludes the employment contract on the employee’s side shall be:
a) The employee himself/herself if he/she is 18 or older;
b) The employee aged 15 to under 18 with a written consensus by his/her legal representative;
c) The employee aged under 15 and his/her legal representative;
d) The employee lawfully authorized by the group of employees to conclude employment contracts in Vietnam.
According to the above provisions, an employer is not allowed to enter into an employment contract with a person under 15 years of age without a legal representative of that person.
When employing a person under 15 years of age, the employer must enter into an employment contract with the person under 15 years of age and his/her legal representative.
Vietnam: Can an employer enter into an employment contract with a person under 15 years of age without a legal representative of that person?
What contents must be included in an employment contract with a person under 15 years of age?
Pursuant to the provisions of Clause 2, Article 4 of Circular No. 09/2020/TT-BLDTBXH as follows:
Conclusion of employment contracts with persons under 15 years of age
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2. Employment contracts with persons under 15 years of age must contain the contents mentioned in Article 21 of the Labor Code and the following contents:
a) Full name; date of birth; sex; place of residence; phone number (if any); and identity card or passport number of the legal representative of the employee;
b) Lodging (for employees working away from their family);
c) How the employee's study is facilitated.
According to the above provisions, an employment contract with a person under 15 years of age must contain the following contents:
- Contents according to Article 21 of the 2019 Labor Code of Vietnam
- Full name; date of birth; sex; place of residence; phone number (if any); and identity card or passport number of the legal representative of the employee;
- Lodging (for employees working away from their family);
- How the employee's study is facilitated.
In case of disciplinary measures against persons under 15 years of age, must his/her legal representative be present?
Pursuant to the provisions of Article 122 of the 2019 Labor Code of Vietnam as follows:
Principles and procedures for taking disciplinary measures at work
1. Disciplinary measures against an employee shall be taken in accordance with the following regulations:
a) The employer is able to prove the employee’s fault;
b) The process is participated in by the representative organization of employees to which the employee is a member;
c) The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal representative must be present;
d) The disciplinary process is recorded in writing.
2. It is prohibited to impose more than one disciplinary measure for one violation of internal labor regulations.
3. Where an employee commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.
4. No disciplinary measure shall be taken against an employee during the period when:
a) The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
b) The employee is being held under temporary custody or detention;
c) The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of this Labor Code;
d) The employee is pregnant, on maternal leave or raising a child under 12 months of age.
5. No disciplinary measure shall be taken against an employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control.
6. The Government shall provide for the principles and procedures for taking disciplinary measures at work.
According to the above regulations, an employer who disciplines an employee under 15 years of age must have the presentation of his/her legal representative.
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