An employment contract is an agreement between an employee and an employer on a paid job, working conditions, and rights and obligations of each party in the labor relation. However according to Labor Code 2019 Officially effective from 01/01/2021 there are many points just homed labor contract but the employer and also the employee need to know to comply with and guarantee the interests of each party
1. Having a management agreement will be regarded as a labor contract
According to Article 13 of the Labor Code 2019:
- An employment contract is an agreement between an employee and an employer on paid employment, wages, working conditions, rights and obligations of each party in the labor relationship.
Special point: "Where the two parties agree by another name but have contents showing the paid job, salary and the management, administration and supervision of one party, it is considered the labor contract"
2. You can sign labor contracts online
In addition to the form of entering into a written and verbal labor contract, according to Article 14 of the Labor Code 2019, a labor contract is concluded via electronic means in the form of a data message as prescribed by law. The law on electronic transactions is as valid as a written labor contract.
3. There is no longer a seasonal labor contract
Compared to the past, Article 20 of the Labor Code 2019 only stipulates two types of labor contracts, that is
- An indefinite term labor contract
- Definite term labor contract not exceeding 36 months
And so, from 01/01/2021, enterprises will not be allowed to sign seasonal labor contracts with employees.
4. No probation for a labor contract of less than 1 month
5. Additional provisions on probationary period
The probationary period is agreed upon by the two parties based on the nature and complexity of the job, but can only be probed once for one job and ensure: "No more than 180 days for the job of an enterprise manager according to the provisions of the Enterprise Law, the Law on Management and Use of State Capital Invested in the Enterprise's Production and Business" - According to Clause 1 Article 25, Labor Code 2019
6. The employee leaves without a reason
According to Article 35 of the Labor Code 2019:
The employee has the right to unilaterally terminate the labor contract without any reason but must comply with the prior notice period
- At least 45 days if working under labor contract with indefinite term
- At least 30 days if working under a labor contract with a term from 12 months to 36 months
- At least 3 days if working under a labor contract with a term of less than 12 months
The employee has the right to unilaterally terminate the labor contract without prior notice in cases
- Not being arranged according to the right job or working place or not guaranteed the agreed working conditions, except for the case specified in Article 29 of this Code;
- Not being paid in full or on time, except for the case specified in Clause 4, Article 97 of this Code;
- Being mistreated, beaten by the employer or verbally abusive, or has an act that affects health, dignity or honor; forced labor;
- Being sexually harassed at work;
- The pregnant female employee must take leave as prescribed in Clause 1 Article 138 of this Code;
- Having full retirement age as prescribed in Article 169 of this Code, unless the parties agree otherwise;
- The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Code, affecting the implementation of the labor contract.
7. Additional cases where the employer has the right to unilaterally terminate the labor contract without prior notice
According to Article 36 of the new Labor Code, the employer also has the right to unilaterally terminate the labor contract without prior notice in the following two cases:
- The employee is not present at the workplace for a period of 15 days from the expiration of the period of postponement of the labor contract performance;
- The employee voluntarily quit his job without having a plausible reason for 05 or more consecutive working days;