Vietnam: What is the latest indefinite-term employment contract form applied in 2024? What is the effective date of an indefinite-term employment contract?
What is the latest indefinite-term employment contract form applied in 2024?
Under the provisions of Point a, Clause 1, Article 20 of the Labor Code 2019, an indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract.
The latest indefinite-term employment contract form applied in 2024 is specified as follows:
> Download the latest indefinite-term employment contract form applied in 2024
Indefinite-term labor contracts are concluded based on the following principles:
- Voluntariness, equality, good faith, cooperation and honesty.
- Freedom to enter into an employment contract that is not contrary to the law, the collective bargaining agreement and social ethics.
When concluding an employment contract, the employer shall provide the employee with truthful information about the job, workplace, working conditions, working hours, rest periods, occupational safety and health, wage, forms of wage payment, social insurance, health insurance, unemployment insurance, regulations on business secret, technological know-how, and other issues directly related to the conclusion of the employment contract if requested by the employee.
The employee shall provide the employer with truthful information about his/her full name, date of birth, gender, residence, educational level, occupational skills and qualifications, health conditions, and other issues directly related to the conclusion of the employment contract which is requested by the employer.
What is the effective date of an indefinite-term employment contract in Vietnam?
Under the provisions of Article 23 of the Labor Code 2019 on the effect of employment contracts in Vietnam as follows:
Effect of employment contract
An employment contract takes effect as of the date on which the contract is concluded by the parties, unless otherwise agreed by both parties or prescribed by law.
Thus, unless otherwise agreed by both parties or prescribed by law, an indefinite-term employment contract takes effect as of the date on which the contract is concluded by the parties.
What are the regulations on the competence to conclude employment contracts in Vietnam?
Under the provisions of Article 18 of the Labor Code 2019 as follows:
Competence to conclude employment contracts
1. Employees may directly conclude their employment contracts, except for the cases specified in Clause 2 of this Article.
2. In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of employees aged 18 or older may authorized the representative of the group to conclude the employment contract, in which case such employment contract shall be effective as if it was separately concluded by each of the employees.
The employment contract concluded by the said representative must be enclosed with a list clearly stating the full names, ages, genders, residences, and signatures of all employees concerned.
3. The person who concludes the employment contract on the employer’s side shall be:
a) The legal representative of the enterprise or an authorized person as prescribed by law;
b) The head of the organization that is a juridical person, or an authorized person as prescribed by law;
c) The representative of the household, artels or an organization that is not a juridical person, or an authorized person as prescribed by law;
d) The individual who directly hires the employee.
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 the employment contract.
5. The person who is authorized to conclude the employment contract must not authorize another person to conclude the employment contract.
Thus, the competence to conclude employment contracts in Vietnam is determined according to the above-mentioned contents.
Employees may directly conclude their employment contracts, except for the cases of authorization according to Clause 2, Article 18 of the Labor Code 2019.
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