Can a person work at two companies at the same time in Vietnam?

Can a person work at two companies at the same time in Vietnam? If there is a request to modify or supplement the content of the contract during the labor contract, is it necessary to inform the employee in Vietnam? What are cases of termination of an employment contract in Vietnam?

My brother is currently working as a technical engineer at an electronics company. However, because the working hours is flexible and his salary is not enough to meet the living needs, my brother signed an additional part-time employment contract with another company in the marketing field. Is that okay?

Thank you!

Can a person work at two companies at the same time in Vietnam?

Pursuant to Article 19 of the Labor Code in 2019 stipulating regulations on entering into multiple employment contracts as follows:

1. An employee may enter into employment contracts with more than one employer, provided that he/she fully performs all terms and conditions contained in the concluded contracts.

2. Where an employee enters into employment contracts with more than one employer, his/her participation in social insurance, health insurance and unemployment insurance schemes shall comply with regulations of law on social insurance, health insurance, unemployment insurance, occupational safety and health.

Therefore, your brother can sign a labor contract with two companies without violating labor law, but it is important to ensure that this does not affect the implementation of the concluded contracts.

Can a person work at two companies at the same time in Vietnam? - Source: Internet

If there is a request to modify or supplement the content of the contract during the labor contract, is it necessary to inform the employee in Vietnam?

Pursuant to Article 33 of the Labor Code in 2019 stipulating revisions to employment contracts as follows:

1. 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.

2. 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.

3. In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.

As regulations above, if either party requests to modify or supplement the content of the labor contract during the implementation of the labor contract, the party must notify the other party at least 3 working days in advance of the content to be modified or supplemented.

What are cases of termination of an employment contract in Vietnam?

Pursuant to Article 34 of the Labor Code in 2019 stipulating cases of termination of an employment contract in Vietnam as follows:

1. The employment contract expires, except for the case specified in Clause 4 Article 177 of this Code.

2. The tasks stated in the employment contract have been completed.

3. Both parties agree to terminate the employment contract.

4. The employee is sentenced to imprisonment without being eligible for suspension or release as prescribed in Clause 5 Article 328 of the Criminal Procedure Code, capital punishment or is prohibited from performing the work stated in the employment contract by an effective verdict or judgment of the court.

5. The foreign employee working in Vietnam is expelled by an effective verdict or judgment of the court or a decision of a competent authority.

6. The employee dies; is declared by the court as a legally incapacitated person, missing or dead.

7. The employer that is a natural person dies; is declared by the court as a legally incapacitated person, missing or dead. The employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province (hereinafter referred to as “provincial business registration authority”) issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations.

8. The employee is dismissed for disciplinary reasons.

9. The employee unilaterally terminates the employment contract in accordance with Article 35 of this Code.

10. The employer unilaterally terminates the employment contract in accordance with Article 36 of this Code.

11. The employer allows the employee to resigns in accordance with Article 42 and Article 43 of this Code.

12. The work permit or a foreign employee expires according to Article 156 of this Labor Code.

13. The employee fails to perform his/her tasks during the probationary period under the employment contract or gives up the probation.

Above are cases of termination of an employment contract in Vietnam.

Best regards!

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