Vietnam: Circular No. 10/2020/TT-BLĐTBXH guiding the contents of employment contract

Vietnam: Circular No. 10/2020/TT-BLĐTBXH guiding the contents of employment contract
Nguyễn Trinh

Recently, the Ministry of Labor, War Invalids and Social Affairs of Vietnam has issued the Circular No. 10/2020/TT-BLĐTBXH elaborating and guiding certain articles of the Labor Code of Vietnam concerning employment contracts, collective bargaining council and jobs with hazards to reproductive function and children raising.

According to the Circular No. 10/2020/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments:

- Job- or position-based salary: state the salary paid based on the performance time of the job or position in the pay scale or payroll developed by the employer in Article 93 of the Labor Code of Vietnam; or state the piece work pay or fixed wage for an employee who receives piece work pay or fixed wage.

- Allowances as agreed by the contracting parties:

+ Allowances to compensate factors such as working conditions, job complexity, employee’s life and employment attraction that the base salary agreed under the employment contract fails to take into account or sufficiently take into account;

+ Allowances associated with the job process and performance of the employee.

- Other additional payments as agreed by the contracting parties:

+ Additional payments with specific amounts in conjunction with the base salary agreed under the employment contract and to be paid regularly in every pay period;

+ Additional payments with non-specific amounts in conjunction with the base salary agreed under the employment contract and to be paid regularly or irregularly in every pay period, associated with the job process and performance of the employee.

More details at the Circular No. 10/2020/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from January 01, 2021.

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