Vietnam: Is it required to conclude an employment contract with a part-time employee?

My company intends to hire part-time employees to sell mooncakes for 3 weeks during the Mid-Autumn Festival in Vietnam. Does my company have to conclude an employment contract with a part-time employee?

According to Article 32 of the Labor Code 2019 regarding part-time employment in Vietnam:

- A part-time employee is an employee who works for less than the usual daily, weekly or monthly working hours as prescribed by labor laws, the collective bargaining agreement internal labor regulations.

- An employee may negotiate part-time employment with the employer when enter into an employment contract.

- The part-time employee shall be entitled to receive salary, equal rights and obligations as a full-time employee; equal opportunity and treatment, and to a safe and hygienic working environment.

Thus, part-time employees in Vietnam are identified as employees working part-time employment. Employees and employers will agree on part-time employment when concluding the contract and are entitled to equal benefits.

Therefore, when employing part-time employees, the company must also conclude an employment contract with the employee. However, as the company only hires the employee for 03 weeks, both parties can conclude the employment contract orally (applicable to contracts with a term of less than 01 month according to Clause 2, Article 14 of this Labor Code). Depending on the actual situation, your company can choose the form of contract conclusion, whether in writing or orally.

Sincerely!

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