07 things to know about labor contracts

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07 things to know about labor contracts

* What is an employment contract?
* Types of labor contract, content of labor contract, entering into labor contract.
* Distinguish the Labor Contract with some other types of contracts.

1. What is an employment contract?

Pursuant to Article 15 of the 2012 Labor Code, a labor contract (hereinafter referred to as "labor contract") is an agreement between an employee and an employer on paid employment. , working conditions, rights and obligations of each party in the labor relation.

2. Types of labor contracts

Pursuant to the provisions of Article 22 of the 2012 Labor Code, the labor contract must be concluded in one of the following categories: indefinite term, definite term labor contract, seasonal labor contract or one job. certain terms are under 12 months.

Depending on each specific type of labor contract, there will be differences in term of labor contracts, responsibilities when unilaterally terminating labor contracts, when participating in types of insurance, ...

3. Contents of the Labor Contract

Pursuant to Article 23 of the 2012 Labor Code, the contents of the labor contract include the following:

- Name and address of employer or legal representative;

- Full name, date of birth, gender, residential address, identity card number or other legal papers of the employee;

- Work and work location;

- Term of labor contract;

- Salary, salary payment method, pay period, salary allowance and other additional payments;

- Regime of leveling and salary increase;

- Working time, rest time;

- Labor protective equipment for employees;

- Social insurance and health insurance;

- Training, fostering and improving occupational skills qualifications.

However, in reality, some businesses still cannot avoid mistakes when drafting labor contracts such as using the basis for application that has expired, not enough information of the employer or the employee. specify the workplace, ...

In order to be able to check, preliminary review of legal aspects of the Labor Contract, Labor Rules or Collective Labor Agreement, you can access the Online Contract Review utility and submit the above document to be reviewed for the processing system, to support review upon request.

4. Enter into labor contract

Pursuant to Article 16 of the 2012 Labor Code, enterprises must sign a written labor contract with each employee who works for them, each party will keep 01 copy; Except for temporary jobs with a term of less than 03 months, the parties can enter into a labor contract verbally.

5. Competence to conclude labor contracts with employees

Pursuant to the provisions of Point a, Clause 1, Article 14 of Circular 30/2013 / TT-BLDTBXH, the signing of the labor contract of the enterprise with the employee will fall under the authority of the legal representative of the enterprise or person authorized by legal representative.

In case the two parties conclude a labor contract but the person who signed the labor contract with the employee is not authorized, the signed labor contract does not take effect and is determined to be a wholly invalid contract as prescribed at Point b, Clause 1, Article 50 of the 2012 Labor Code.

6. Cases of termination of labor contracts

Pursuant to Article 36 of the 2012 Labor Code, cases of termination of labor contracts include:

- The labor contract expires, except for the case specified in Clause 6, Article 192 of the 2012 Labor Code;

- Has completed the work under the labor contract;

- The two parties agree to terminate the labor contract;

- The employee is eligible for the time of social insurance payment and the age of pension entitlement;

- The employee is sentenced to imprisonment, death or prohibited from doing the work specified in the labor contract according to the legally effective judgment or decision of the Court;

- The employee dies, is declared incapable of civil acts, is missing or is dead by the Court;

- The employer being an individual dies, is declared incapable of civil acts by the Court, is missing or is dead; The employer who is not an individual terminates its operation;

- The employee is disciplined dismissal;

- The employee unilaterally terminates the labor contract;

- The employer unilaterally terminates the labor contract;

- The employer dismisses the employee due to structural changes, technology or economic reasons or due to the merger, consolidation or separation of the enterprise.

7. Distinguishing a labor contract with a number of other types of contracts

Distinguishing labor contracts from work contracts:

- The subject of the work contract is an officer or the person recruited as an officer and the head of a public non-business unit.

- The subject of the labor contract is the employee and the employer.

Distinguishing labor contracts from collaborator contracts:

- The nature of a labor contract is a contract that expresses the agreement of the employee and the employer on paid employment, working conditions, rights and obligations of each party in the labor relationship (according to Article 15 of the Labor Code 2012).

- The nature of a collaborative contract is a contract that bears the essence of a service contract (civil contract). Service contract means an agreement between parties whereby a service provider performs work for a service user, and a service user must pay a service provider fee (specified in Article 513 Civil Code 2015).

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