Can a collaborator contract be considered an employment contract in Vietnam?

Can a collaborator contract be considered an employment contract in Vietnam?

I have a question: Can a collaborator contract be considered an employment contract in Vietnam?

Answer:

Pursuant to Clause 1 Article 13 of the Labor Code in 2019 stipulating employment contract as follows:

An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.

A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.

According to the above regulations, if a contract is called a "collaborator contract" but contains content that shows about paid work, wages and the management, direction, and supervision of one party, it is still considered a labor contract. The determination of whether a contract is a labor contract or not does not depend on the name.

Can a collaborator contract be considered an employment contract in Vietnam? - Source: Internet

Does the appendix to the employment contract changing the place of work take effect in Vietnam?

In the labor contract, the place of work of the employee is clearly specified. Now, the employee and the employer have agreed to change the place of work. However, they do not want to sign a new contract but sign an appendix to the labor contract. Is it possible?

Answer:

Pursuant to Article 22 of the Labor Code in 2019 stipulating 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 states the amendments or additions, and the date on which they take effect.

According to the above regulations, the appendix to the contract can be used to modify some of the terms of the contract, but it cannot be used to modify the term of the labor contract. However, the change of the place of work of the employee is not in violation of the regulations.

Who has the right to sign an employment contract with the director of a single-member limited liability company in Vietnam?

My company is a single-member limited liability company owned by an organization. The company is organized in the model of a board of members. We are making a labor contract with the director who is also the legal representative of the company to provide insurance for the director. I have a question: Who has the right to sign an employment contract with the director of a single-member limited liability company in Vietnam?

Answer:

Pursuant to Clause 3.a Article 18 of the Labor Code in 2019 stipulating as follows:

The legal representative of the enterprise or an authorized person as prescribed by law shall concludes the employment contract on the employer’s side.

According to the information you provided, the director of your company also holds the position of legal representative of the company. Therefore, this is the person who has the authority to represent the company in signing labor contracts with employees in the company.

Pursuant to Clause 3 Article 141 of the Labor Code in 2019, when an employee takes leave to take care of a sick child aged under 07, have prenatal care check-up, due to miscarriage, abortion, stillbirth, therapeutic abortion, implementation of contraceptive methods or sterilization, the employee shall receive allowance for the leave period in accordance with social insurance laws.

According to this regulation, the director is the legal representative of the company, so he cannot sign a labor contract on behalf of the company and also sign as an employee.

Therefore, in this case, the director can authorize another person to sign a labor contract with him to ensure compliance with regulations.

Best regards!