Entering into a labor contract

A Labor contract is an agreement between an employee and an employer on paid employment, working conditions, rights and obligations of each party in the employment relationship.

Before starting to work, the employee and the employer need to sign a full employment contract so that they can know their rights and obligations when working, and carry out immigration-related procedures, temporary residence in compliance with Vietnamese law.

Labor contracts are made on the principles of voluntariness, equality, goodwill, cooperation and honesty, free-of-agreement between the parties but must not contravene the law and collective labor agreements and social ethics. .

There are three main types of Labor contracts: indefinite-term labor contracts, definite-term labor contracts (with term from full 12 months to 36 months), seasonal or specific employment contracts with a term of less than 12 months. The parties to the contract should pay attention to be able to know the time of contract termination according to the provisions and make an extension, sign a new contract according to the agreement of the parties.

The content of the labor contract should contain sufficient information about the parties, the job and the place of work, the contract term, salary, form and deadline of salary payment, wage allowances and additional amounts, the regime of wage increase, working time, rest time, insurance policies, training, ... these are necessary information required in a labor contract, the parties need to consider implementing, to ensure its rights and obligations with respect to employment contracts.

For foreign employee, it is necessary to pay attention to the content and cost of implementing legal procedures to ensure working in Vietnam such as entry visa, temporary residence card, work permit to avoid unqualified labor contract performance as committed with the employer. During the implementation of the labor contract, the parties have the right to agree to terminate the contract ahead of time or unilaterally terminate the labor contract in accordance with the law, but the notice must be given within the time appropriate to the other party.

In addition, during the implementation of the labor contract, the parties may amend and supplement the labor contract in accordance with the current law. Any addition or modification must be agreed by the parties by signing an appendix of the contract or signing a new labor contract.

The labor contract is a very important agreement that directly affects the rights and interests of the parties in their activities, so the parties should pay attention to the terms of the contract to avoid unfortunately disputes. 

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