The 2019 Labor Code was recently passed by the XIV National Assembly during its 8th session on November 20, 2019, and will take effect starting from January 1, 2021, with many notable new regulations.
Article table of contents
Acceptance of electronic labor contracts from January 1, 2021 (Illustration)
LABOR CODE 2019 (OFFICIAL)
One of the notable new contents in the Labor Code 2019 is that the National Assembly has accepted the conclusion of Labor Contracts in the form of data messages, and this form of data message holds the same value as a written Labor Contract.
To be specific, according to the regulations in Clause 1, Article 14, Labor Code 2019 regarding the form of labor contracts:
"A labor contract concluded through electronic means in the form of a data message as prescribed by the law on electronic transactions is as valid as a written labor contract."
Currently, according to the provisions in Clause 1, Article 16, Labor Code 2012 on the form of labor contracts:
“1. A labor contract must be concluded in writing and made into 02 copies, one held by the employee and one held by the employer, except for the cases specified in Clause 2 of this Article.”
Arising from the realities of life, with the development of science and technology, the conclusion of labor contracts is no longer simply through written form, spoken words, or behavior. Therefore, Article 14 of the 2019 Labor Code has acknowledged the form of concluding labor contracts through electronic means with the same validity as written labor contracts.
The acceptance of the electronic labor contract form shows that the National Assembly always listens to feedback on shortcomings, as well as closely follows the development of society to make appropriate adjustments in practice.
Furthermore, in cases where the parties agree under a different name but the content indicates paid work, compensation, and the management, operation, and supervision by one party, it is still considered a labor contract.
Toan Trung
