Vietnam: Does part-time require signing a contract? Latest 2022 part-time contract template for employees?
Does part-time require a contract according to Vietnamese regulations?
Part-time work is considered to work part-time as prescribed in Article 32 of the Labor Code 2019 of Vietnam as follows:
- Part-time employee means an employee whose working time is shorter than the normal working time by day or week or month specified in the labor law, collective labor agreement or labor regulations.
- The employee agrees with the employer to work part-time when entering into a labor contract.
- The employee who works part-time is entitled to a salary; equality in the exercise of rights and obligations to full-time employees; equality of opportunity, non-discrimination, ensuring occupational safety and health.
Because the employee has a salary and is equal to other employees, when working part-time, the employer must still sign a contract with the employee.
Vietnam: Does part-time require signing a contract? Latest 2022 part-time contract template for employees?
Is it mandatory to pay social insurance for part-time in Vietnam?
Lam part-time still signs an employment contract, so depending on the time and nature of the job, the labor contract can be a definite-term or indefinite-term type.
Pursuant to Clause 1, Article 2 of the Law on Social Insurance 2014 of Vietnam as follows:
Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:
+ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
+ Persons working under labor contracts with a term of between full 1 month and under 3 months;
+ Cadres, civil servants and public employees;
+ Defense workers, public security workers and persons doing other jobs in cipher organizations;
dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
+ Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
+ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;
+ Salaried managers of enterprises and cooperatives;
+ Part-time staffs in communes, wards and townships.
Latest part-time contract form 2022 according to Vietnamese regulations?
Download full part-time work contract form: Here.
Instructions for drafting a part-time work contract:
– Part-time employee information:
+ Full name, date of birth.
+ Identity card number, citizen identity card, passport, date of issue, place of issue.
+ Place of residence.
+ Contact method: phone number, email.
+ The representative of the employee.
– Employer information:
+ Business name.
+ Address.
+ Tax code, enterprise code.
+ Legal representative, title, place of residence.
+ Contact method: phone number, email, fax.
– Part-time job: need to specifically describe part-time work, for example:
+ Title.
+ Position in the business.
+ Daily work tasks.
+ Working powers.
+ Working conditions,....
– Working location: specific at which department, at which address.
– Term of part-time labor contract: how many months, from which date to which day.
– Salary regulations:
+ The salary must not be lower than the regional minimum wage.
+ Bonuses, commissions, allowances, other items.
+ Pay salary by cash, bank transfer.
– Regime for employees, for example:
+ Weekly break.
+ Tet holidays, holidays.
+ Social insurance, health insurance: compulsory payment for part-time employees over 03 months.
– Working time:
+ How many hours 1 day.
+ From now to what time.
+ From any day to any day in 1 week.
+ Normal working hours do not exceed 08 hours in 01 day and not more than 48 hours in 01 week.
+ The employer has the right to set working hours by day or week but must notify the employee; In case of a week, the normal working time shall not exceed 10 hours in 01 day and not more than 48 hours in 01 week.
– PPE, for example:
+ What tools are allocated.
+ What are the conditions of occupational safety and health.
– Obligations and powers of the employer, for example:
+ Pay salary on time to employees.
+ Pay in accordance with and in full the committed regime, in accordance with the law.
– Obligations and powers of part-time employees, for example:
+ Complete the assigned work.
+ Comply with the rules and regulations of the enterprise.
+ Enjoy the benefits as prescribed.
– In case of termination of the labor contract, for example:
+ Expiration of the labor contract.
+ Terminate the labor contract ahead of time as agreed.
+ Unilateral termination of the contract: in accordance with the labor law on the notice period, compensation for damages must be incurred.
+ Part-time labor contracts can be based on general regulations on types of labor contracts.
- Clear, easy-to-see presentation form, at the end of the contract certified by the employee and the employer.
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