Amendments to Labor Contracts While in Effect? Is an Agreement on Probationary Content Required to Establish a Probationary Contract?
Is it possible to amend an employment contract while it is in effect?
Can I ask if, according to regulations, an employment contract that is in effect can be amended? Which document stipulates this? I look forward to your response.
Answer:
Article 33 of the Labor Code 2019 stipulates:
- During the performance of the employment contract, if either party requests to amend or supplement the contents of the employment contract, they must notify the other party at least 03 working days in advance about the contents to be amended or supplemented.
- If the two parties agree, the amendment or supplementation of the employment contract content is done by signing an appendix to the employment contract or concluding a new employment contract.
If the two parties cannot agree on the amendment or supplementation of the employment contract content, they shall continue to perform the concluded employment contract.
Thus, according to the above regulations, an employment contract that is in effect can still be amended or supplemented. However, when making amendments, advance notice of 03 working days to the other party is required.
Is it necessary to create a new employment contract when increasing the salary?
Is it necessary to create a new employment contract when increasing the salary? My current salary is 9 million, and I have been informed that next month my salary will be increased to 10 million. Should I request the company to sign a new contract to ensure my rights? Please advise.
Answer:
In this case, it is not necessary to sign a new contract; the two parties can agree to create an appendix to the contract to amend the salary clause.
To be specific: Article 22 of the Labor Code 2019 stipulates regarding the appendix to the employment contract as follows:
An appendix to the employment contract is a part of the employment contract and is effective as the employment contract.
The appendix to the employment contract details, amends, and supplements some terms and conditions of the employment contract but does not amend the contract term of the employment contract.
If the appendix to the employment contract details some terms and conditions of the employment contract that leads to a different interpretation from the employment contract, the employment contract content shall prevail.
If the appendix to the employment contract amends or supplements some terms and conditions of the employment contract, it must specify the amended or supplemented contents and the effective time.
The two parties can review the above regulations to create a proper appendix to the contract to ensure the rights of both parties.
Is it mandatory to conclude a separate probation contract for a probation agreement?
Could you please let me know if it is mandatory to create a separate probation contract when on probation at a company, or can the probation content be included in the employment contract?
Answer:
Article 24 of the Labor Code 2019 stipulates regarding probation as follows:
The employer and the employee can agree on the probation content either included in the employment contract or through concluding a probation contract.
The main content of the probation contract includes the probation period and the content specified in points a, b, c, d, g, and h clause 1 Article 21 of this Code.
Probation is not applicable to employees who conclude an employment contract with a term of less than 01 month.
Therefore, the probation agreement does not necessarily require a separate probation contract but can be included in the employment contract.
Best regards!
