Agreement to sign a new contract when detecting errors in the old contract

Agreement between the employee and the enterprise that allows to sign a new contract when detecting errors in the contents of the old contract

What is the way to conclude a labor contract?

Pursuant to Article 15 of the Labor Code 2019:

"Article 15. Principles for entering into an employment contract

1. Voluntariness, equality, goodwill, cooperation and honesty.

2. Freely conclude an employment contract in accordance with the law, collective bargaining agreement, and social ethics."

Are the authority to conclude employment contracts?

Pursuant to Article 18 of the Labor Code 2019 on authority over conclusion of employment contracts, specifically as follows:

(1) The employee directly enters into the employment contract, except for the case prescribed in Clause 2 of this Article.

In this case, the employment contract must be concluded in writing and be effective as it is signed with each employee.

A labour contract signed by an authorized person must be enclosed with a list specifying the full name, date of birth, sex, place of residence and the signature of each employee.

(3) The person concluding the employment contract on the employer's side is one of the following cases:

- The legal representative of the enterprise or the authorized person as prescribed by law;

- The head of an agency or organization with the legal entity status under law or an authorized person under law;

- Representatives of households, cooperative groups and other organizations without legal entity status or authorized persons as prescribed by law;

- The individual directly using the employee.

(4) The person concluding an employment contract on the worker's side is one of the following cases:

- The employees from 18 years of age or older;

- The employee aged from 15 to less than 18 who has a written consent from his/her legal representative;

- Persons under full 15 years of age and their representatives at law;

- The employee legally authorized to conclude employment contracts by other employees of the same group.

(5) The person authorized to conclude the employment contract shall not be entitled to re-authorize another person to conclude the employment contract.

If the contents of the employment contract are erroneous, the employment contract shall be re-concluded?

Regarding these questions, pursuant to Article 33 of the Labor Code 2019, the labor contract is amended as follows:

(1) During the performance of the employment contract, the party that wishes to modify the contents of the employment contract must notify the other party at least 03 working days in advance.

(2) If both parties agree, amendments to the employment contract shall be made by appending an appendix to the employment contract or signing a new employment contract.

(3) If both parties fail to reach an agreement on the adjustment to the employment contract, the concluded employment contract shall be continued.

Therefore, for the questions of the friends, when the friends detect errors and request amendments and supplements, the friends should inform the employers at least 03 working days in advance of the contents of errors that the friends wish to make amendments. When both parties agree to modify the contract, they shall conclude an annex to the contract or enter into a new labor contract. If both parties fail to reach an agreement on the amendment to the contract, the erroneous contents shall remain effective and the two parties shall keep executing such contract.


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