How to Legally Execute Employment Contracts for Employees Under 15 Years Old

How to properly sign employment contracts with workers under 15 years old? (Illustrative image)

Article 8 of the Draft Circular stipulates that the signing of employment contracts must comply with the general provisions on labor contracts as defined in Section I, Chapter 3 of the Labor Code 2019. The form of the labor contract must be in writing between the employer and the individual under 15 years of age, along with their parent or guardian. The primary contents of the labor contract are as follows:

- Name, address of the employer; full name, title of the person signing the labor contract on behalf of the employer;- Full name, date of birth, gender, place of residence, ID card or Citizen Identification card number of the father, mother, or guardian of the child under 15 years of age;- Full name, date of birth, gender, residence of the individual signing the labor contract on behalf of the worker; ID card or Citizen Identification card number for those aged 14 and above;- Work and workplace location;- Duration of the labor contract;- Salary amount according to the job or title, method of payment, pay period, salary allowances, and other additional payments;- Wage step increase and salary raise regime;- Working hours, rest periods;- Provision of personal protective equipment for the worker;- Social insurance, health insurance, and unemployment insurance; occupational accident insurance;- Training, fostering, and improving vocational skills;- Ensuring cultural education conditions, health care, and not harming the individual under 15 years of age.

Note: For labor contracts involving wages, the payment must be made directly or transferred to the bank account of the individual under 15 years old as prescribed by law. Individuals under 15 years of age working in the fields of art, sports, and physical education are subject to appropriate labor contract policies as prescribed by the Government of Vietnam.

Details can be found in the Draft Circular, which is expected to come into effect on January 1, 2021.

Ty Na

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