Do I need to sign a new contract if I change job and salary in Vietnam? Can an employment contract be signed on a weekly day off in Vietnam?

Do I need to sign a new contract if I change job and salary in Vietnam?

My question is, if I change my job and salary, do I need to re-sign a new labor contract? Or sign an annex to the contract? Thanks for advice.

Reply:

Article 22 of the 2019 Labor Code stipulates:

1. An annex to an employment contract is an integral part of the employment contract and is as binding as the employment contract.

2. 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 this Article, a contract annex can amend all terms of the signed contract (except the term of the labor contract), so in case you change your job or salary, you can make a contract annex to change the terms of work and salary without necessarily signing a new employment contract.

Do I need to sign a new contract if I change job and salary in Vietnam? Can an employment contract be signed on a weekly day off in Vietnam? (Image from the Internet)

Can an employment contract be signed on a weekly day off in Vietnam?

Question: According to labor law, can a company sign an employment contract on a weekly day off?

Reply:

In Article 13 of the 2019 Labor Code, it is stipulated:

1. 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.

2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.

=> Thus, according to the above regulations in Vietnam, the law has no regulations on not being able to sign employment contracts on weekly days off.

In addition, Clause 2, Article 20 of the 2019 Labor Code also stipulates:

2. If an employee keeps working when an employment contract mentioned in Point b Clause 1 of this Article expires:

a) Within 30 days from the expiration date of the employment contract, both parties shall conclude a new employment contract. Before such a new employment contract is concluded, the parties’ rights, obligations and interests specified in the old employment contract shall remain effective;

b) If a new employment contract is not concluded after the 30-day period, the existing employment contract mentioned in Point b Clause 1 of this Article shall become an employment contract of indefinite term;

c) The parties may enter into 01 more fixed-term employment contract. If the employee keeps working upon expiration of this second fixed-term employment contract, the third employment contract shall be of indefinite term, except for employment contracts with directors of state-invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and Clause 4 Article 177 of this Labor Code.

If I have written a request for resignation before the contract expires, can I withdraw it in Vietnam?

I signed a 2-year contract with the company (expiring in February 2022). Now it's been just over a year and I want to resign, so I wrote a letter to notify the company in advance of unilateral termination of the contract. copper. However, now I have changed again and want to withdraw my application and not unilaterally resign from my job, is that okay? I just sent in my application on June 1, but it said I would resign on July 1.

Reply:

Article 38 of the 2019 Labor Code stipulates withdrawal of unilateral termination of employment contracts as follows:

Either party may withdraw the unilateral termination of an employment contract at any time prior to the expiry of the notice period by a written notification, provided that the withdrawal is agreed by the other party.

According to Point b, Clause 1, Article 35 of the 2019 Labor Code, in case the employee unilaterally terminates the labor contract, he or she must give at least 30 days in case of an employment contract with a fixed term of 12 – 36 months.

Regarding the above regulations and the information provided, on June 1, you sent notice that you will quit your job on July 1. Currently, it is June 2 (the notice period has not yet expired), so you have the right to unilaterally terminate of labor contracts in Vietnam.

You must notify the company in writing about canceling the unilateral termination of the labor contract and must receive the company's consent in Vietnam.

Best regards!