Is it possible to modify the form of payment in the appendix of the labor contract in Vietnam?
Recently, I signed a labor contract in a software company, at that time there was an epidemic, so the two sides agreed to pay monthly salary via card. Now, the two parties want to amend this content by paying salary in cash through the contract appendix in Vietnam, is it possible?
Pursuant to Clause 2, Article 22 of the Labor Code 2019 provides for the contract appendix as follows:
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, in principle, the labor contract appendix specifies in detail, amends and supplements a number of articles and clauses of the labor contract but may not modify the term of the labor contract in Vietnam. Therefore, the case that you mention when you want to modify the form of payment can be done through the contract appendix according to the above regulations.
Best Regards!
