03 Actions Employers Are Prohibited from Undertaking When Signing Labor Contracts

In order to ensure the rights of employees, the Draft of the amended Labor Code has stipulated actions that employers are prohibited from doing during the process of concluding and executing contracts with employees.

Signing a labor contract

Illustrative image (source: internet)

Compared to the Labor Code 2012, the Draft Revised Labor Code has added provisions regarding actions that employers are prohibited from taking when entering into and performing contracts with employees, specifically:

- Retaining the original personal documents, diplomas, and certificates of the employee.

- Requiring the employee to provide a monetary or other asset guarantee for the performance of the labor contract.

- Forcing the employee to perform the labor contract to repay a debt that the employee has borrowed from the employer (newly added provision).

Thus, the Draft Revised Labor Code retains the two prohibitions of not retaining the original documents and certificates of the employee and not requiring the employee to pay money to perform the contract. Additionally, it adds a new prohibition on forcing the employee to perform the labor contract to repay a debt that the employee has borrowed from the employer.

The aforementioned content is based on Article 18 of the Draft Revised Labor Code.

Duy Thinh

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