Vietnam: What are the latest annexes to employment contracts that the employers need to know in order to adjust and supplement the salary of the employee?
What are the annexes to employment contracts in Vietnam?
Pursuant to Article 22 of the 2019 Labor Code, the annexes to employment contracts are as follows:
- An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.
- 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 state the amendments or additions, and the date on which they take effect.
What are the regulations of time-limit for annexes to employment contracts in Vietnam?
According to Article 33 of the 2019 Labor Code, the contract annexes are as follows:
- During the performance of an employment contract, any party who wishes to revise the employment contract shall notify the other party of the revisions at least 03 working days in advance.
- In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.
- In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.
Thus, the contract is not required to have an appendix, but there are only two cases in which an appendix is required for a contract:
- Specify in detail some terms of the contract. And the content of the appendix must not be contrary to the content of the contract;
- Amend and supplement a number of terms of the contract. This type of addendum is usually made after the contract is made in order to change or amend the original contents of the contract...
Vietnam: What are the latest annexes to employment contracts that the employers need to know in order to adjust and supplement the salary of the employee?
What are the latest annexes to employment contracts from July 1, 2022 when increasing the region-based minimum wage in Vietnam?
Enterprises can refer to the following contract appendix form to supplement and amend the employee's salary and other terms in the labor contract as follows:
Download the Appendix form: here
LawNet
