Vietnam: Is receiving salary an obligation or right of an employee when performing an employment contract in accordance with the law?
Is receiving salary an obligation or right of an employee when performing an employment contract in accordance with the law?
Pursuant to the provisions of Article 5 of the 2019 Labor Code of Vietnam on the rights and obligations of employees as follows:
Rights and obligations of employees
1. An employee has the rights to:
a) work; freely choose an occupation, workplace or occupation; participate in basic and advanced occupational training; develop professional skills; suffer no discrimination, forced labor and sexual harassment in the workplace;
b) receive a salary commensurate with his/her occupational skills on the basis of an agreement with the employer; be provided with personal protective equipment and work in an occupationally safe and healthy environment; take statutory sick leaves, annual paid leaves and receive collective welfare benefits;
c) establish, join an representative organization of employees, occupational associations and other organizations in accordance with law; request and participate in dialogues with the employer, implementation of democracy regulations and collective bargaining with the employer; receive consultancy at the workplace to protect his/her legitimate rights and interests; participate in management activities according to the employer’s regulations;
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
dd) unilaterally terminate the employment contract;
e) go on strike;
g) exercise other rights prescribed by law.
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According to the above provisions, receiving salary is the right of the employee when performing the employment contract.
The specific salary will be agreed by the parties but must ensure compliance with the law on salary.
Vietnam: Is receiving salary an obligation or right of an employee when performing an employment contract in accordance with the law?
What are the obligations of employees in Vietnam?
Pursuant to the provisions of Clause 2, Article 5 of the 2019 Labor Code of Vietnam on the rights and obligations of employees as follows:
Rights and obligations of employees in Vietnam
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2. An employee has the obligations to:
a) implement the employment contract, collective bargaining agreement and other lawful agreements;
c) obey internal labor regulations, the lawful management, administration and supervision by the employer;
c) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
Thus, in terms of obligations, employees has the obligations to implement the employment contract, collective bargaining agreement and other lawful agreements; obey internal labor regulations, the lawful management, administration and supervision by the employer;
In addition, employees must implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.
Is salary a mandatory content of employment contracts in Vietnam?
Pursuant to Article 21 of the 2019 Labor Code of Vietnam stipulating as follows:
Contents of employment contracts in Vietnam
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.
2. If the employees’ job is directly related to the business secret, technological know-how as prescribed by law, the employer has the rights to sign a written agreement with the employee on the content and duration of the protection of the business secret, technology know-how, and on the benefit and the compensation obligation in case of violation by the employee.
3. If the employee works in agriculture, forestry, fishery, or salt production, both parties may exclude some of the aforementioned contents and negotiate additional agreements on settlement in the case when the contract execution is affected by natural disaster, fire or weather.
4. The contents of the employment contract with an employee who is recruited to work as the director of a state-invested enterprise shall be stipulated by the Government.
5. The Minister of Labor, War Invalids and Social Affairs elaborate Clauses 1, 2 and 3 of this Article.
Thus, salary is one of the main contents that must be included in the employment contract.
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