With the trend of integration of the economic growth process being highly active, the need for labor resources in enterprises, as well as the demand for worker job search, is continually expanding. However, it is common to notice that the completion of agreements on the substance of labor contracts between firms and employees has not been prioritized. As a result, in order to assist enterprises and employees in grasping the notes when concluding the labor contract, Hong Bang Law Firm would like to provide customers the following advise on the contents to note when concluding the labor contract:

Legal basis

Labor Law 2019 takes effect from January 1, 2021

Contents to be noted when concluding labor contracts

Forms of employment contract

• 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 the case of entering into the oral contract.

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.

• Both parties may conclude an oral contract with a term of less than 01 month, except for the following cases:
• In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of employees aged 18 or older may authorized the representative of the group to conclude the employment contract, in which case such employment contract shall be effective as if it was separately concluded by each of the employees;
• When employing a person under 15, the employer shall conclude a written contract with the employee and his/her legal representative;
• The employer shall enter into a written employment contract with the domestic worker.

Principles for conclusion of an employment contract

• Voluntariness, equality, good faith, cooperation and honesty.
• Freedom to enter into an employment contract which is not contrary to the law, the collective bargaining agreement and social ethics.

Obligations to provide information before conclusion of an employment contract

• The employer shall provide the employee with truthful information about the job, workplace,  working conditions, working hours, rest periods, occupational safety and health, wage, forms of wage payment, social insurance, health insurance, unemployment insurance, regulations on business secret, technological know-how, and other issues directly related to the conclusion of the employment contract if requested by the employee.
• The employee shall provide the employer with truthful information about his/her full name, date of birth, gender, residence, educational level, occupational skills and qualifications, health conditions and other issues directly related to the conclusion of the employment contract which are requested by the employer.

Prohibited acts by employers during conclusion and performance of employment contracts

• 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.

In addition to the basic contents above, there are many other points to pay attention to when concluding labor contracts to ensure the best rights of enterprises as well as employees.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!