Is it possible to sign long-term contracts to work as collaborators with students in Vietnam? How many minutes of rest break are allowed when working at night in Vietnam?

Is it possible to sign long-term contracts to work as collaborators with students in Vietnam?

My company has a few students working part time long term. I'm planning on making a collaborator contract with these guys. Not sure if it's suitable?

Answer: Clause 1, Article 20 of the 2019 Labor Code stipulates:

1. An employment contract shall be concluded in one of the following types:

a) An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

b) A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.

And according to Article 13 of the 2019 Labor Code:

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 this regulation in Vietnam, the nature of a collaborator contract is a type of service contract, not an employment contract.

When accepting students to work, with pay and under the supervision and management of the company, this is a labor relationship, so the company needs to sign an employment contract in Vietnam.

Is it possible to sign long-term contracts to work as collaborators with students in Vietnam? How many minutes of rest break are allowed when working at night in Vietnam? (Image from the Internet)

Can employees who work during their lunch break be allowed to leave early in the afternoon in Vietnam?

Morning shift from 8am - 12pm, afternoon from 1pm - 5pm. I have a 1-hour break at noon and if I proactively work during my lunch break, can I leave early in the afternoon?

Answer: Article 109 of the 2019 Labor Code has regulations on breaks during working hours as follows:

1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.

According to this regulation and the information you provided, the company has arranged for employees to have a 1-hour lunch break => ensuring legal regulations in Vietnam.

It can be seen that working on your lunch break is of your own free will, the company does not force you. In addition, in the 2019 Labor Code there is no regulation that if an employee voluntarily works during lunch break, he or she will be allowed to leave early.

Therefore, if you voluntarily work during your lunch break, you are not allowed to leave early in the afternoon in Vietnam.

Best regards!

How many minutes of rest break are allowed when working at night in Vietnam? 

How many minutes of rest break are allowed when working at night in Vietnam? Please support according to current regulations and new regulations applicable from next year.

Answer: Currently, break time is regulated in Article 108 of the 2019 Labor Code. Accordingly:

In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of this Labor Code and the employee must not decline:

1. Execution of a conscription order for the purpose of national security or national defense as prescribed by law;

2. Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.

According to Clause 1, Article 109 of the 2019 Labor Code:

1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.

If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.

Thus, when working at night, you will have a rest break of at least 45 consecutive minutes. This regulation is no different from today in Vietnam.

Best regards!