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As the Covid-19 pandemic is getting worse, the employees are trying their best to provide for their families. Accordingly, some employees have taken on the night shift or worked overtime. Some, on the other hand, try to find a new job to work simultaneously with their current job. So, what are the regulations on entering into many labor contracts at the same time in Vietnam?
Labor contract in Vietnam
According to the provisions of Article 13 of the Labor Code 2019 on labor contracts, a labor contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in the labor relations.
In case two parties agree by a different name but with contents showing paid employment, salary, and the management, administration, and supervision of one party, it shall be considered as an employment contract before the law.
Before accepting employees to work, the employer must enter into a labor contract with the employee.
When the parties sign a labor contract, the rights and obligations of each party must be performed to the best of their efforts.
Multiple labor contracts
According to the provisions of the Vietnam Labor Code, an employee can enter into a labor contract with many employers but must ensure that the contents of the contracts are fully implemented.
Therefore, an employee can sign many labor contracts with many employers at the same time, without limiting the number of signed contracts.
However, the most important aspect when signing such labor contracts is the rights of previously signed contracts must be ensured.
Accordingly, if an employee’s current labor contract requires that they have to work from 8 am to 5 pm, then they can’t sign another labor contract requiring them to work at that same time.
Depending on the type of work and working conditions, they can even sign a contract from 5 pm to 8 am.
However, it should be noted that the employee should take care of their health when working multiple jobs at the same time as they might not be able to work with that pressure for a long period of time.
The social insurance policy when having multiple contracts
Article 19 of the Labor Code 2019 provides for entering into multiple labor contracts:
“1. An employee may enter into labor contracts with more than one employer, provided that he/she fully performs all terms and conditions contained in the concluded contracts.
2. Where an employee enters into labor contracts with more than one employer, his/her participation in social insurance, health insurance, and unemployment insurance schemes shall comply with regulations of law on social insurance, health insurance, unemployment insurance, occupational safety, and health.”
Thus, when an employee enters into a labor contract with many employers and both the employee and the employer are the subjects of compulsory social insurance, the employee and the employer participate in social insurance as follows:
– For the sickness, maternity, retirement, unemployment, and survivorship allowance fund, the employer of the first signed contract will pay.
– Insurance for occupational accidents and diseases shall be made according to each labor contract.
In addition, Clause 1, Article 42 of Decision No. 595/QD-BHXH also stipulates that the health insurance will be paid according to the labor contract with a higher salary.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
