Labor contract under the Labor Law 2019
15:41 28/12/2020
The Labor Code No. 45/2019/QH14 of the National Assembly of the Socialist Republic of Vietnam issued on November 20, 2019 took effect from January 1, 2021 has many new contents in the labor contract, the employees and employers have more rights in contract performance.

Clause 1, Article 24 of the Labor Law 2019 permits the employer and the employee to agree on the probation content stated in the labor contract or the probation agreement by entering into a probation contract; During the probation period, each party has the right to cancel the signed probation contract or labor contract without prior notice and compensation. Supplement the regulation on probation period not exceeding 180 days for the job of the enterprise manager.

According to Article 35, the employee has the right to unilaterally terminate the labor contract and only need to notify the employer in advance for a period of time according to the law, the Labor Law 2019 has cancelled the regulation on having one of the listed reasons such as Labor Law 2012. For the period of prior notice, the Labor Law 2019 stipulates: At least 45 days if working under an indefinite-term labor contract; At least 30 days if working under a definite-term labor contract with a term from 12 months to 36 months; At least 03 working days if working under a definite-term labor contract with a term of less than 12 months; For some specific industries, occupations and jobs, the period of prior notice shall comply with the Government's regulations. In Clause 2, Article 35 of the Law also stipulates 07 cases that do not require prior notice.

Article 36 of the Labor Law 2019 also supplements more 3 cases where the employer has the right to unilaterally terminate the labor contract, including: The employee is full retirement age under Article 169, unless otherwise agreed; the employee gives up the job on their initiative without legitimate reason for 05 or more consecutive working days; The employee provides untruthful information (according to Clause 2, Article 16) when entering into the labor contract, affecting the recruitment of employees. For the period of prior notice: At least 45 days for the indefinite-term labor contract; At least 30 days for the definite-term labor contract with a term from 12 months to 36 months; At least 03 working days for definite-term labor contract with a term of less than 12 months and for the case specified in point b, clause 1, Article 36; For some specific industries, occupations and jobs, the period of prior notice shall comply with the Government's regulations. The Law stipulates 2 cases without prior notice under point d and point e, clause 1, Article 36.

Article 48 responsibilities when terminating the labor contract instead of the term of 07 working days, the Labor Law 2019 stipulates 14 working days for the employer and the employee to pay fully the amounts related to the interests of each party. The special cases remain the same for no more than 30 days. Stipulate supplementing the employer's responsibility to complete the procedures for confirming the employee's social insurance payment period, providing copies of the documents related to the employee's working process if the employee has request and pay all costs of copying and sending the documents.

The Labor Law 2019 has removed the authority of the Labor Inspector in declaring that the labor contract is invalid. Only the competent people's court declares that the labor contract is invalid.

Nguyen Thi Hai (summarized)
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