Notes on Employment Contracts with Persons under 15 Years Old (Draft)

Draft Circular on the regulations concerning the employment of individuals under the age of 15 is currently open for public comment online and is expected to take effect from January 01, 2021.

SAMPLE LABOR CONTRACT WITH PERSONS UNDER 15 YEARS OLD

Labor contract with persons under 15 years old

Notes on Labor Contract with Persons Under 15 Years Old - Illustration

This draft clearly states that entering into a labor contract with persons under 15 years old must comply with the general provisions on labor contracts stipulated in Section I, Chapter 3 of the Labor Code 2019 and must be implemented according to the Sample Labor Contract issued with the Draft. Specifically:

Form of Labor Contract:

The labor contract must be in writing between the employer and the person under 15 years old, along with a parent or guardian.

Main Contents of the Labor Contract:

- Name, address of the employer; full name, title of the person entering into the labor contract on behalf of the employer;

- Full name, date of birth, gender, residence, citizen identification card number or identity card number of the parent or guardian of the person under 15 years old;

- Full name, date of birth, gender, residence of the person entering into the labor contract on behalf of the employee; citizen identification card number or identity card number for persons 14 years old and older;

- Job and working location;

- Duration of the labor contract;

- Salary according to the job or title, payment method, payment period, wage allowances, and other additional amounts;

- Promotion and raise policies;

- Working hours, rest periods;

- Labor protection equipment for employees;

- Social insurance, health insurance, and unemployment insurance; occupational accident insurance;

- Training, fostering, and enhancing professional skills;

- Ensuring cultural education, healthcare, and not harming persons under 15 years old.

For labor contracts with salaries, wages must be paid directly or transferred to the bank account of the person under 15 years old as per legal regulations.

Persons under 15 years old working in the fields of arts, sports, and physical activities are subject to appropriate labor contract policies according to the regulations of the Government of Vietnam.

Note: Persons under 15 years old are individuals who have not yet reached their 15th birthday.

For example, a person born on May 10, 2005, is under 15 years old until May 9, 2020.

See detailed contents of the Draft Circular on the employment of persons under 15 years old HERE.

Nguyen Trinh

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