From January 1, 2021, employers and employees may not be allowed to sign an annex to the labor contract to extend or shorten the term of the signed labor contract. To clarify this issue, Hong Bang Law Firm would like to send to clients the following specifics:
Before January 1, 2021, an appendix shall be signed to amend the labor contract term
Article 5 of Decree No. 05/2015/ND-CP stipulates:
“Article 5. Amendment to the term of labor contracts with the appendix
The term of the labor contract shall be amended only once in labor contract Appendix and not be changed in the type of the signed contract, except when the term of labor contracts with elderly employees and those who are part-time unionists are extended as specified in Clause 6 of Article 192 of the Labor Code.”
Thus, before January 1, 2021, employers and employees are allowed to sign an annex to the labor contract to amend the term of the labor contract (including extending or shortening the term of the signed labor contract); but only once and ensure that it does not change the type of the signed labor contract.
From 01/01/2021, annex shall not be signed to amend the term of the labor contract
In Clause 2, Article 22 of the Labor Code 2019 (effective from January 1, 2021) stipulates:
“ 2. An annex to an labor contract may elaborate or amend certain contents of the labor contract and must not change the duration of the labor contract.
Where an annex to an labor contract elaborates the labor contract in a manner that leads to a different interpretation of the labor contract, the contents of the labor contract shall prevail.
Where an annex amends certain contents of the labor contract, it should clearly states the amendments or additions, and the date on which they take effect.”
Thus, from January 1, 2021, employers and employees are not alowed to sign an annex to the labor contract to amend the term of the labor contract (including extending or shortening the term of the signed labor contract).
If you need more detailed advice as well as how to access this service, please contact Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the legal consulting centre at 1900.6575 or send a service request via email: lienheluathongbang@gmail.com.
We wish you and your family good health, peace and success!
Best regards,
