Is it legal for employees to enter into multiple employment contracts in Vietnam?

What is an employment contract?

Pursuant to the provisions of the Labor Code 2019, an employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.

A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.

Before recruiting an employee, the employer shall enter into an employment contract with such employee.

An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer, except for employment contract in the form of electronic data.

An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.

Is it legal for employees to enter into multiple employment contracts in Vietnam? (Internet image)

Is it legal for employees to enter into multiple employment contracts in Vietnam?

Pursuant to the provisions of Article 19 of the Labor Code 2019, an employee may enter into multiple employment contracts provided that he/she fully performs all terms and conditions contained in the concluded contracts.

Where an employee enters into employment contracts with more than one employer, his/her participation in social insurance, health insurance and unemployment insurance schemes shall comply with regulations of law on social insurance, health insurance, unemployment insurance, occupational safety and health.

Types of employment contracts in Vietnam

Pursuant to the provisions of Article 20 of the Labor Code 2019, an employment contract shall be concluded in one of the following types:

(1) 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;

(2) 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 fixed-term employment contract 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 fixed-term employment contract 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.

Mai Thanh Loi

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