Regulations on entering into multiple employment contracts in Vietnam under the Labor Code 2019

 Regulations on entering into multiple employment contracts in Vietnam under the Labor Code 2019 (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

1. Types of employment contracts in Vietnam

According to Article 20 of the Labor Code 2019, the types of employment contracts are as follows:

- 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.

2. Regulations on the effect of employment contracts in Vietnam

According to Article 23 of the Labor Code 2019, an employment contract takes effect as of the date on which the contract is concluded by the parties, unless otherwise agreed by both parties or prescribed by law.

3. Regulations on entering into multiple employment contracts in Vietnam under the Labor Code 2019

According to Article 19 of the Labor Code 2019, it stipulates the conclusion of multiple labor contracts as follows:

- Employees can enter into multiple labor contracts with multiple employers but must ensure full implementation of the agreed contents.

- If an employee simultaneously signs many labor contracts with many employers, participation in social insurance, health insurance, and unemployment insurance shall be carried out in accordance with the provisions of insurance law. social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

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

Article 17 of the Labor Code 2019 stipulates that during conclusion and performance of employment contracts, the employer must not perform the following acts:

- Keep original copies of identification documents, diplomas, and certificates of employees.

- Require employees to provide security measures in money or other assets for the performance of the labor contract.

- Forcing employees to execute labor contracts to repay debts to employers.

To Quoc Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE