What are regulations on revisions to employment contracts in Vietnam?

What are regulations on revisions to employment contracts in Vietnam?

I am currently working in the HR department of a company specializing in labor supply. I am researching regulations on revisions to employment contracts. What are regulations on revisions to employment contracts in Vietnam according to the Labor Code in 2019?

Answer:

Pursuant to Article 33 of the Labor Code in 2012 stipulating revisions to employment contracts as follows:

1. During the performance of an employment contract, any party who wishes to revise the employment contract shall notify the other party of the revisions at least 03 working days in advance.

2. In case where an agreement is reached between the parties, the revisions shall be made by signing an annex to the employment contract or signing a new employment contract.

3. In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing employment contract.

What are regulations on revisions to employment contracts in Vietnam? - Source: Internet

Is it permissible to sign a 1-month employment contract in Vietnam?

If we hire temporary employees during peak season, with a working period of a few weeks to 1 month, are we required to sign a labor contract with them? Is it permissible to sign a 1-month employment contract in Vietnam?

Answer:

Pursuant to Clause 2 Article 13 of the Labor Code in 2012 stipulating employment contract as follows:

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

According to this regulation, your company must sign a labor contract with temporary employees.

Pursuant to Clause 1 Article 20 of the Labor Code in 2012 stipulating types of employment contracts as follows:

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

- 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;

- 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.

According to above regulation, when performing certain temporary work, the parties may agree to sign a fixed-term employment contract.

For this type of contract, the maximum contract term is 36 months, but there is no minimum contract term. Therefore, in the case of your company hiring temporary workers, you are still entitled to sign a fixed-term employment contract with a term of 1 month.

According to the law in Vietnam, can the employment contract be postponed when the fetus is weak?

I have been working for HF Company for 3 years. I am pregnant and my health is poor. The doctor told me to stay home and rest. If I travel a lot, it will have a negative impact on the fetus. I want to ask if I can postpone the execution of my labor contract.

Answer:

Pursuant to Clause 1.d Article 30 of the Labor Code in 2012 stipulating procedures for suspension of an employment contract as follows:

- The female employee is pregnant as specified in Article 138 of this Code;

Pursuant to Article 138 of the Labor Code in 2012 stipulating the right of pregnant female employees to unilaterally terminate or suspend their employment contracts as follows:

- Where a female employee is pregnant and obtains a confirmation from a competent health facility which states that if she continues to work, it may adversely affect her pregnancy, she shall have the right to unilaterally terminate or suspend the employment contract.

- In case of unilateral termination or suspension of the employment contract, a notification enclosed with the aforementioned confirmation from the health facility shall be submitted to the employer.

- In case of suspension of the employment contract, the suspension period shall be agreed by the employer and the employee and must not be shorter than the period specified by the health facility. If the rest period is not specified by the health facility, both parties shall negotiate the suspension period.

Therefore, in your case, you are entitled to postpone the execution of your labor contract. The period of postponement is subject to negotiation with the company, but it must be at least the period of time specified by the competent medical institution.

Best regards!