Are employees allowed to enter into multiple employment contracts in Vietnam?

Are employees allowed to enter into multiple employment contracts in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. Are employees allowed to enter into multiple employment contracts in Vietnam? 

 According to Article 19 of the Labor Code 2019, employees can enter into multiple labor contracts with multiple employers but must ensure full implementation of the signed contents.

If employees simultaneously enter into multiple labor contracts with multiple employers, their participation in social insurance, health insurance, and unemployment insurance shall be carried out in accordance with the provisions of law on social insurance. union, health insurance, unemployment insurance and occupational safety and hygiene.

Thus, according to the above regulations, employees can sign many labor contracts with many companies at the same time but must ensure full implementation of the agreed contents.

2. Current types of employment contracts in Vietnam

- An employment contract shall be concluded in one of the following types:

+ An indefinite-term employment contract is a contract in which the two parties neither fix the term nor the time of termination of the contract;

+ A fixed-term employment contract is a contract in which the two parties fix the term of the contract for a duration of up to 36 months from the date of its conclusion.

- If an employee keeps working when an employment contract mentioned in Point b Clause 1 of Article 20 of the Labor Code 2019 expires:

+ Within 30 days from the expiration date of the employment contract, both parties shall conclude a new employment contract. Before such a new employment contract is concluded, the parties’ rights, obligations and interests specified in the old employment contract shall remain effective;

+ If a new employment contract is not concluded after the 30-day period, the existing employment contract mentioned in Point b Clause 1 of Article 20 of the Labor Code 2019 shall become an employment contract of indefinite term;

+ The parties may enter into 01 more fixed-term employment contract. If the employee keeps working upon expiration of this second fixed-term employment contract, the third employment contract shall be of indefinite term, except for employment contracts with directors of state-invested enterprises and the cases specified in Clause 1 Article 149, Clause 2 Article 151 and Clause 4 Article 177 of the Labor Code 2019.

(Article 20 of the Labor Code 2019)

3. Prohibited acts by employers during conclusion and performance of employment contracts in Vietnam

According to Article 17 of the the Labor Code 2019, prohibited acts by employers during conclusion and performance of employment contracts include:

- Keeping the employee’s original identity documents, diplomas and certificates.

- Requesting the employee to make a deposit in cash or property as security for his/her performance of the employment contract.

- Forcing the employee to keep performing the employment contract to pay debt to the employer.

Nguyen Ngoc Que Anh

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