LABOUR
CONTRACT
General Theory of State and Law
Group 8
Member
Mission
Score
Cao Thanh An
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9
Nguyễn Xuân Đạt
Presentate, collect ideas
9
Huỳnh Ngọc Phương Minh
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9
Nguyễn Trần Tú Mỹ
Presentate, make powerpoint
9
Tôn Nữ Ngọc Vy
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9
CONTENTS
01 Labour Contract
Definition
Employment relationships
Contract formation
Types of labour contract
Contents of labour contract
Termination of labour contract
02 Example of labour contract
Source:
The National Assembly of Vietnam
adopted the Labour Code 45/2019/QH14
(“New Labour Code 2019”)
On 20 November 2019, and which will be
effective from 1 January 2021.
Labor contract is an agreeme
nt between an employee and
an employer on a paid job,
working conditions, and the
rights and obligations of each
party.
Ảnh Này của Tác giả Không xác định được cấp phép theo CC BY-SA
EMPLOYMENT RELATIONSHIP
( Article 3.1 of Labour Code 2019)
A person who
works for an
employee under an
agreement, is paid,
managed and
supervised by the
employer.
The Employee
Vietnamese Employee
The legal working age is
15, except for the cases
specified in Section 1
Chapter XI of this Labor
Code.
A foreigner can become
an employee in Vietnam
if he/she meets the
conditions according to
Article 169.1 of Labour
Code 2019
EMPLOYMENT RELATIONSHIP
( Article 3.2 of Labour Code 2019)
The Employer
An enterprise, agency, organization, cooperative,
household or individual who employs other people under
agreements.
An employee that is an individual shall have full legal
capacity.
CONTRACT FORMATION
( Article 14 of Labour Code 2019 )
A labor contract must be concluded in writing and made into
02 copies, the employee shall keep 01 copy, the employer
shall keep 01 copy, except for the case prescribed in Clause
2 this Article.
An employment contract in the form of electronic data
conformable with electronic transaction laws shall have the
same value as that of a physical contract.
Both parties may conclude an oral contract with a
term of less than 01 month, except for the cases
specified in Clause 2 Article 18, Point a Clause 1
Article 145 and Clause 1 Article 162 of this Labor
Code.
12 – 36 months
No fixed
period
INDEFINITED
– TERM
02 TYPES OF CONTRACT
( Article 20 of Labour Code 2019 )
DEFINITED
– TERM
From 01/01/2021, The New Labour
Code 2019 prescribes only 2 types
of labour contracts
Within 30 days from the expiration
date of the employment contract,
both parties shall conclude a new
employment contract.
If a new employment contract is
not concluded after the 30-day
period, the existing employment
contract shall become an
employment contract of indefinite
term
The labor contract must include the following contents:
( Article 21 of Labour Code 2019)
The employer’s name, address; full name and position of the
person who concludes the contract on the employer’s side;
Full name, date of birth, gender, residence, identity card
number or passport number of the person who concludes the
contract on the employee’s side
The job and workplace
Duration of the employment contract
Job- or position-based salary, form of salary
payment, due date for payment of salary,
allowances and other additional payments
Regimes for promotion and pay rise
Working hours, rest periods
Personal protective equipment for the employee
Social insurance, health insurance and
unemployment insurance
Basic training and advanced training, occupational
skill development.
Termination of a labour contract
Someone who has been terminated from
employment is no longer employed and thei
r
job is ended.
Termination of employment can be voluntar
y, in which it is the employee's decision, or
involuntary, when it is the employer's decisi
on
The work stated in the
labor contract has been
completed
The labor contract expires
The employer that is
a natural person dies;
is declared by the
court as a legally
incapacitated person,
missing or dead.
Employee dies or is
declared by a court to
have lost civil act
capacity, be missing or
dead
CASES OF
TERMINATION
OF A LABOR
CONTRACT
Both parties agree to
terminate the labor contract
Employee: Imprisonment, death
prohibited from performing the
job stated in the labor contract
( Article 34 of
Labour Code
2019)
The foreign employee working in
Vietnam is expelled by an
effective verdict or judgment of
the court or a decision of a
competent authority.
The employee is dismissed
for disciplinary reasons.
The employee fails to perform his/her
tasks during the probationary period
under the employment contract or
gives up the probation.
CASES OF
TERMINATION
OF A LABOR
CONTRACT
The work permit or a
foreign employee
expires according to
Article 156 of this
Labor Code
The employer allows the employee to
resigns in accordance with Article 42 and
Article 43 of this Code..
( Article 34 of
Labour Code
2019)
The employer unilaterally
terminates the employment
contract in accordance with
Article 36 of this Code.
The employee unilaterally
terminates the employment
contract in accordance with
Article 35 of this Code.
According to Article 35.2 Labor Code 2019 of Vietnam, employee may
unilaterally terminate the labor contract:
is not assigned to the work or
workplace or not provided with
the working conditions as agreed
in the employment contract,
except for the cases specified in
Article 29 of this Labor Code
is maltreated, assaulted,
physically or verbally insulted
by the employer in a manner
that affects the employee’s
health, dignity or honor; is
forced to work against his/her
will
is not paid adequately or
on schedule, except for
the case specified in
Clause 4 Article 97 of this
Code.
is sexually
harassed in the
workplace
According to Article 35.2 Labor Code 2019 of Vietnam, employee may
unilaterally terminate the labor contract:
is pregnant and has to
stop working in
accordance with
Clause 1 Article 138 of
this Labor Code
finds that the employer fails to
provide truthful information in
accordance with Clause 1 Article
16 of this Labor Code in a
manner that affects the
performance of the employment
contract.
reaches the retirement age
specified in Article 169 of
this Labor Code, unless
otherwise agreed by the
parties
An employee shall have the right to unilaterally terminate the
employment contract, provided he/she notices the employer in advance:
At least 30
days in case of
an employment
contract with a
fixed term of
12 – 36 months
At least 45 days
in case of an
indefinite-term
employment
contract
At least 03
working days in
case of an
employment
contract with a
fixed term of
under 12 months
( Article 35.1 of
Labour Code 2019)
The notice period
in certain fields
and jobs shall be
specified by the
government.
Example
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