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Intellectual people
According to the Legal Department (MOLISA), the institution of the labor contract in the Labor Law 2019 has many novelties, increasing practicality and attending to the development of labor relations in society.
Employees registered for unemployment insurance in Hanoi
There are only 2 types of employment contracts
As of January 1, 2021, the Labor Law 2019 stipulates that there are only two types: employment contracts with an indefinite duration and employment contracts with a term of no more than 36 months.
The Labor Law 2019 eliminates temporary or specific employment contracts with a term of less than 12 months.
Add a new participation mode
In the form of signature, the Labor Law 2019 adds a new method of signing by electronic means in the form of data messages in accordance with the electronic transactions law in force as an employment contract. written.
Competence to enter into employment contracts
The law specifies the subjects who enter into employment contracts by employees and users. At the same time, the Law complements the principle that the person authorized to enter into an employment contract is not authorized to reauthorize another person to enter into an employment contract.
Flexible regulations on parole
The law stipulates that the party can flexibly choose a trial period as part of the employment contract or sign a separate trial contract.
During the trial period, each party has the right to cancel the signed trial or employment contract without prior notice and without compensation. The additional supply law stipulates that the trial period does not exceed 180 days for the position of manager of the company.
Unilateral rights of workers
The 2019 Labor Law allows employees to only give their employers a period of legal notice, eliminating the requirement to have one of the reasons listed in the law.
Regarding the notice period, the Law establishes that it is 45 days / 30 days / 3 days, depending on the type of employment contract entered into. However, for some specific occupations and jobs, the notice period must comply with government regulations.
The law also stipulates 7 cases that do not require prior notification.
Unilateral rights of employers
The 2019 Labor Law adds 3 more cases related to the employer’s right to unilaterally terminate the employment contract, including: The employee has full retirement age unless otherwise agreed; the employee voluntarily quit her job without a plausible reason for 5 or more consecutive business days; The employee provides false information when entering into an employment contract that affects employment recruitment.
Regarding the notice period, the Law also establishes: 45 days / 30 days / 3 days depending on the type of employment contract; For a number of specific industries and jobs, the notice period will need to comply with government regulations. The law also stipulates 2 cases without prior notice.
Responsibility when terminating the employment contract
The Labor Law 2019 stipulates increasing the time from 7 to 14 business days for both the employee and the employer to pay in full the amounts related to the benefits of each party, special cases remain the same for no more than 30 days.
Provisions to supplement the employer’s responsibility to complete the procedures for confirming the employee’s social security pay time by providing copies of documents related to the employee’s work process if the employee has request and pay all document copy costs .
There is only 1 form of invalid employment contract
The 2019 Labor Law has removed the authority of the labor inspector to declare an employment contract invalid. Thus, since January 1, 2021, the People’s Court is the only competent body to declare an employment contract void.
Additional cases of deferral of employment contracts
The Labor Law 2019 has the following additional cases where the employee has the right to postpone the employment contract: The employee complies with the obligation to participate in the military and self-defense; The employee is authorized to exercise the rights and responsibilities of the company for the part of the company’s capital invested in another company.
Hoang manh synthetic
