What jobs may an employee aged 18 or older authorize a representative to conclude the employment contract in Vietnam?

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• What jobs may an employee aged 18 or older authorize a representative to conclude the employment contract in Vietnam?
• Shall employees covered by compulsory social insurance include persons working under seasonal labor contracts in Vietnam?
• Which entity shall have the power to take disciplinary actions against employees working under seasonal labor contracts in Vietnam?

What jobs may an employee aged 18 or older authorize a representative to conclude the employment contract in Vietnam?

Pursuant to Clause 2, Article 18 of the 2019 Labor Code, there are provisions 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, a group of employees aged 18 or older may authorized the representative of the group to conclude the employment contract in respect of seasonal works or certain jobs which have a duration of less than 12 months..

What jobs may an employee aged 18 or older authorize a representative to conclude the employment contract in Vietnam? (Image from the Internet)

Shall employees covered by compulsory social insurance include persons working under seasonal labor contracts in Vietnam?

Pursuant to Clause 1, Article 2 of the Law on Social Insurance 2014, there are provisions as follows:

Subjects of application

1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a/ 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;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

c/ Cadres, civil servants and public employees;

d/ 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;

e/ 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;

g/ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;

h/ Salaried managers of enterprises and cooperatives;

i/ Part-time staffs in communes, wards and townships.

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Employees covered by compulsory social insurance include persons working under seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months

Which entity shall have the power to take disciplinary actions against employees working under seasonal labor contracts in Vietnam?

Pursuant to Point i, Clause 2, Article 69 of Decree 145/2020/ND-CP:

Internal labor regulations

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2. The labor regulations must not contradict labor laws and relevant laws. Primary contents of labor regulations include:

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h) Material responsibility: Cases in which the employee has to pay compensation for causing damage to or losing tools, instruments or assets; exceeding material consumption limits; compensation levels in proportion to the damage caused; persons having the power to claim compensation;

i) Persons having the power to take disciplinary actions: persons having the power to conclude employment contracts on behalf of the employer as prescribed in Clause 3 Article 18 of the Labor Code or specific persons specified in the internal labor regulations.

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Pursuant to Clause 3, Article 18 of the 2019 Labor Code:

Competence to conclude employment contracts

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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.

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Persons having the power to take disciplinary actions against employees working under seasonal labor contracts include:

- The legal representative of the enterprise or an authorized person as prescribed by law;

- The head of the organization that is a juridical person, or an authorized person as prescribed by law;

- The representative of the household, artels or an organization that is not a juridical person, or an authorized person as prescribed by law;

- The individual who directly hires the employee.