Do employees directly enter into employment contracts in all cases in Vietnam?

Do employees directly enter into employment contracts in all cases in Vietnam?

Question: Regarding labor laws: In all cases, do employees have to directly enter into employment contracts?

Reply:

Pursuant to Clause 1 and Clause 2, Article 18 of the 2019 Labor Code stipulates competence to conclude employment contracts as follows:

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.

According to this Article, not all cases where employees directly enter into employment contracts, but when applied to seasonal jobs or certain jobs with a term of less than 12 months, the group of employees aged 18 years or older Up can authorize an employee in the group to enter into an employment contract in Vietnam.

Do employees directly enter into employment contracts in all cases in Vietnam? (Image from the Internet)

Can employees only work for a maximum of 02 companies in Vietnam?

Question: I have a question that I hope to be answered: Does the labor law limit employment contracts with many companies? This means you can only work for 2 companies at the same time?

Reply:

According to Article 19 of the 2019 Labor Code, regulations on entering into multiple employment contracts are 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.

Thus, according to the specific labor laws in the 2019 Labor Code above, there is no prohibition or restriction on the issue of entering into multiple employment contracts for employees. However, it is important to pay attention to the fact that when working in many places, you still have to comply with the provisions of law to participate in social insurance, health insurance, and unemployment insurance. Therefore, you can base on the above regulations as well as arrange your work in the most appropriate way while still ensuring your rights to avoid time overlaps at the companies you sign with in Vietnam.

Can employers interfere with employees' right to decide on their own salary spending in Vietnam?

Question: Regarding labor laws, I would like to ask: Can employers interfere with employees' right to decide on their own salary spending in Vietnam?

Reply:

Clause 2, Article 94 of the 2019 Labor Code stipulates the principles of salary payment as follows:

2. Employers must not restrict or interfere their employees’ spending of their salaries; must not force their employees to spend their salaries on goods or services of the employers or any particular providers decided by the employers.

Therefore, in principle, employers are not allowed to restrict or interfere with employees' right to decide on salary spending; Employees must not be forced to spend their salaries on purchasing goods or using services according to the above regulations in Vietnam. This is the amount and its use is entirely up to the employee.

Best regards!