Definition of Employment Contract? What are the Principles and Forms of Employment Contracts as Prescribed?

Concept of Employment Contract

How is the concept of an employment contract defined according to the new Labor Code?

Answer: According to the provisions in Article 13 of the 2019 Labor Code, the concept of an employment contract is defined as follows:

An employment contract is an agreement between an employee and an employer regarding paid work, wages, working conditions, and the rights and obligations of each party in the labor relationship.

In case the two parties agree using a different name but the content shows paid work, wages, and the management, administration, and supervision by one party, it is considered an employment contract.

Principles of Employment Contracts

Hello admin. What are the principles of employment contracts as stipulated? I look forward to receiving a response to the above query.

Answer: According to the provisions in Article 14 of the 2019 Labor Code, the principles of employment contracts are stipulated as follows:

- Voluntariness, equality, goodwill, cooperation, and honesty.- Freedom to enter into employment contracts but not contrary to the law, collective labor agreements, and social ethics.

Forms of Employment Contracts

How are the forms of employment contracts stipulated? Is it considered an employment contract if the exchange is through messages?

Answer: According to the provisions in Article 15 of the 2019 Labor Code, the forms of employment contracts are stipulated as follows:

- An employment contract must be concluded in writing and made in 02 copies, with the employee keeping 01 copy and the employer keeping 01 copy, except as provided for in Clause 2 of this Article.

An employment contract concluded through electronic means in the form of data messages as stipulated by the law on electronic transactions is as valid as a written employment contract.

- The two parties may conclude an employment contract orally for a contract with a term of less than 01 month, except as provided for in Clause 2 of Article 18, Point a Clause 1 of Article 145, and Clause 1 of Article 162 of this Code.

=> As such, according to the above provisions, if the employee and the enterprise exchange contents related to the rights and obligations regarding the signing of the employment contract through messages, this exchange through messages is still effective. That employment contract is still valid. Respectfully.