With the trend of integration, the economic development process has been taking place extremely actively, the demand for using labor resources in enterprises, as well as the demand for job search of workers is constantly increasing. However, in reality, it is often seen that the conclusion and agreement of the contents of the Labor Contract in enterprises and employees has not been paid attention. Therefore, in order to help businesses and employees grasp the notes when entering into labor contracts, Hong Bang Law Firm would like to send to customers advice on the content to note when entering into labor contracts as follows:
Noted terms and conditions when entering into a Labour Contract
Form of Labour Contract
- The labor contract must be specified in writing and made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy, unless otherwise specified in the oral contract.
Labor contracts entered into via electronic means in the form of data messages in accordance with the law on electronic transactions have the same value as a written labor contract.
The two parties may enter into a verbal labor contract for a contract with a term of less than 1 month, except for the following cases
- A group of employees aged full 18 years or older may authorize one employee in the group to enter into a labor contract for seasonal work. In this case, the labor contract has the same effect as that signed with each employee.
- Must enter into a written labor contract with a person under 15 years of age and his/her legal representative.
- The employer must enter into a written labor contract with the domestic worker.
Principles of entering into labor contracts
- Voluntary, equal, good faith, cooperative and honest.
- Freely enter into labor contracts but not against the law, collective labor agreement and social ethics.
Obligation to provide information when entering into a labor contract
- Employers must provide employees with truthful information about their jobs, working locations, working conditions, working hours, rest time, occupational safety and health, and wages. , forms of salary, social insurance, health insurance, unemployment insurance, regulations on protection of business secrets, protection of technology secrets and other issues directly related to the contract labor contract that the employee requires.
- Employees must provide truthful information to the employer about their full name, date of birth, gender, place of residence, education level, occupational skill level, health certification and other matters directly related to the conclusion of the labor contract requested by the employer.
Action that the employer must not do when entering into and performing an employment contract
- Keep originals of identity papers, diplomas and certificates of employees.
- Requiring employees to apply security measures in money or other property for the performance of the labor contract.
- Forcing employees to perform labor contracts to pay debts to employers.
In addition to the above basic noted points, there are many other terms and conditions to pay attention to when entering into a labor contract to ensure the best interests of the enterprise as well as the employee.
Above is our advice on this matter. If you need more detailed advice as well as how to access this service, please contact Lawyer – Mr. Nguyen Duc Trong directly via hotline: 0912.35.65.75, 0912.35.53.53 or call Free Consultancy Center 1900.6575 or send a service request via email: info@hongbanglawfirm.com
We wish you and your family good health, peace and success!
Best regards!
Hong Bang Law Firm.
