A labor contract is an agreement between an employee and an employer regarding paid employment, working conditions, and the rights and obligations of each party in the employment relationship. However, according to... Labor Code 2019 Officially effective from January 1, 2021 there are many points just arrived labor contract both employers and employees need to know To comply with regulations and ensure the rights of each party.
1. A management agreement will be considered an employment contract.
According to Article 13 of the 2019 Labor Code:
– A labor contract is an agreement between an employee and an employer regarding paid work, wages, working conditions, and the rights and obligations of each party in the labor relationship.
Special point: "If the two parties agree using a different name but the content reflects paid work, wages, and management, direction, and supervision by one party, it shall be considered an employment contract."
2. It is possible to conclude employment contracts online.
In addition to written and oral labor contracts, according to Article 14 of the 2019 Labor Code, labor contracts concluded through electronic means in the form of data messages as prescribed by law on electronic transactions have the same value as written labor contracts.
3. Seasonal employment contracts are no longer in place.
Compared to before, Article 20 of the 2019 Labor Code only stipulates two types of labor contracts, namely:
– An employment contract of indefinite duration.
– Fixed-term employment contracts shall not exceed 36 months.
SoFrom January 1st, 2021, businesses will no longer be allowed to sign seasonal employment contracts with workers.
4. No probationary period for employment contracts of less than one month.
5. Add regulations regarding the probationary period.
The probationary period is agreed upon by both parties based on the nature and complexity of the job, but probation can only be undertaken once for a given job and must ensure: "Not exceeding 180 days for the work of business managers as stipulated in the Enterprise Law and the Law on Management and Use of State Capital Invested in Production and Business at Enterprises" – According to Clause 1, Article 25, Labor Code 2019.
6. Employees quit their jobs without giving a reason.
According to Article 35 of the 2019 Labor Code:
Employees have the right to unilaterally terminate their employment contract without giving a reason, but they must comply with the notice period.
– At least 45 days if working under an indefinite-term employment contract.
– At least 30 days if working under a fixed-term employment contract of 12 to 36 months.
– At least 3 days if working under a fixed-term employment contract of less than 12 months.
Employees have the right to unilaterally terminate their employment contract without prior notice in certain circumstances.
– Not being assigned to the correct job, workplace, or not being provided with working conditions as agreed upon, except as stipulated in Article 29 of this Code;
– Not being paid full salary or not being paid on time, except as stipulated in Clause 4, Article 97 of this Code;
– Being mistreated, beaten, or subjected to insulting words or actions by the employer, or actions that affect health, dignity, or honor; being subjected to forced labor;
– Being sexually harassed in the workplace;
– Female employees who are pregnant must take leave as stipulated in Clause 1, Article 138 of this Code;
– Having reached the retirement age as stipulated in Article 169 of this Code, unless the parties agree otherwise;
– The employer provides false information as stipulated in Clause 1, Article 16 of this Code, affecting the performance of the labor contract.
7. Add further cases where the employer has the right to unilaterally terminate the employment contract without prior notice.
According to Article 36 of the new Labor Code, employers also have the right to unilaterally terminate employment contracts without prior notice in the following two cases:
– The employee is absent from the workplace for 15 days from the date the temporary suspension of the employment contract expires;
- Employees who voluntarily abandon their jobs without justifiable reason for 05 consecutive working days or more;