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A labor contract is one of the fundamental elements that ensures the rights and obligations of both employees and employers in Vietnam. According to the provisions of the 2019 Labor Code, labor contracts are defined with the following key points:
Definition and Nature of a Labor Contract
According to Article 13 of the Labor Code, a labor contract is an agreement between the employee and the employer regarding paid work, salary, working conditions, and the rights and obligations of each party. If the two parties agree using another term but the content still reflects the aforementioned elements, it is still considered a labor contract.
Form of Entering into a Labor Contract
A labor contract must be made in writing and divided into two copies, with each party keeping one. Additionally, labor contracts concluded via electronic means in the form of data messages are also valid as written documents. In cases where the labor contract is for a term of less than one month, the contract may be concluded orally, except for certain exceptions as specified.
Principles of Entering into a Labor Contract
The labor contract must comply with the principles of voluntariness, equality, good faith, cooperation, and honesty. Both parties are free to enter into the contract, but they must not violate the law, collective labor agreements, or social ethics.
Obligation to Provide Information
Before entering into a labor contract, both the employee and the employer must provide truthful information on matters related to the job, working conditions, working hours, rest periods, occupational safety and hygiene, salary, form of payment, social insurance, health insurance, unemployment insurance, protection of business secrets, protection of technological secrets, and other matters directly related to the labor contract that the employee may request.
Prohibited Acts When Entering into a Labor Contract
The following actions are prohibited for employers when entering into or performing a labor contract:
- Retaining the original identity documents, diplomas, or certificates of the employee.
- Requiring the employee to provide financial or asset guarantees for the performance of the labor contract.
- Forcing the employee to fulfill the labor contract in order to repay debts owed to the employer.
These regulations aim to ensure that labor contracts in Vietnam are fair, transparent, and protect the rights of both parties involved.
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