Employment Contract
An employment contract is a highly important binding document between the Employee and the Employer. While many sample contracts are available online, the drafting process must take into account the actual internal circumstances of each enterprise.
Important notes:
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Currently, there are only two types of employment contracts (Fixed-term / Indefinite-term). The seasonal contract type has been abolished.
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Parties entering into employment contracts: There are two parties:
On the Employer’s side, the person entering into the employment contract shall be one of the following:
a) The legal representative of the enterprise or a person duly authorized in accordance with the law;
b) The head of an agency or organization with legal status as prescribed by law, or a person duly authorized in accordance with the law;
c) The representative of a household, cooperative group, or other organization without legal status, or a person duly authorized in accordance with the law;
d) An individual directly employing labor.
On the Employee’s side, the person entering into the employment contract shall be one of the following:
a) An employee aged full 18 or older;
b) An employee aged from full 15 to under 18, with the written consent of his/her legal representative;
c) An employee under 15 years of age and his/her legal representative;
d) An employee authorized by other employees in the group to lawfully enter into the employment contract.
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A person authorized to enter into an employment contract may not re-authorize another person to enter into the contract.
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An employment contract must contain the following 10 mandatory contents:
a) Name and address of the employer, and full name and title of the person entering into the employment contract on the employer’s side;
b) Full name, date of birth, gender, residence, and ID card/Citizen identification card/Passport number of the person entering into the employment contract on the employee’s side;
c) Job and workplace;
d) Term of the employment contract;
đ) Salary according to the job or position, method of payment, payment schedule, allowances, and other additional payments;
e) Salary grade and salary increase regime;
g) Working hours and rest periods;
h) Occupational safety and health equipment provided to the employee;
i) Social insurance, health insurance, and unemployment insurance;
k) Training, retraining, and skills development. -
Where necessary, an Appendix to the employment contract shall be signed. The Appendix forms part of the employment contract and has the same legal effect as the contract. The Appendix may detail, amend, or supplement certain articles and clauses of the employment contract but must not alter the term of the employment contract.
In case the Appendix provides details of certain articles and clauses of the employment contract that lead to different interpretations compared to the main contract, the contents of the employment contract shall prevail. Where the Appendix amends or supplements certain articles and clauses of the employment contract, it must clearly state the amended or supplemented contents and their effective date.
Legal basis:
Articles 18, 20, 21, and 22 of the Labor Code 2019.
