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10 new points about the application of labor contracts from 01/01/2021

Many new points in the Labor Code 2019 about labor contracts need to know.

1. Increase the identity of labor relations that take place in reality Additional provisions: Any contract, regardless of its name, will be considered a labor contract if there are 3 signs: – Work on the basis of agreement; – With salary payment; – There is the management, administration and supervision of one party. This provision is necessary to solve the situation of dodging the provisions of the Law, using other names to avoid the employer’s responsibility to fulfill the obligations of the employer in terms of salary, social insurance responsibility for employees.

2. Form of labor contract Acceptance of a labor contract is via electronic means in the form of a data message [1]. A labor contract concluded via electronic means in the form of a data message in accordance with the law on electronic transactions is as valid as a written labor contract.

3. Type of labor contract From 01/01/2021, the labor contract will be entered into one of the following types: – An indefinite term labor contract. – A fixed-term labor contract, in which the two parties define the term and the time of termination of the labor contract within a period not exceeding 36 months from the effective date of the contract. Thus, compared with the current regulations in the Labor Code 2012, there will be no labor contracts for seasonal or certain jobs.

4. Not apply probation to labor contracts under 01 month According to the current regulations (before the new Labor Law takes effect), only the object signing a seasonal labor contract is not required to try a job. From 2021, also does not apply for probation with labor contracts of less than 1 month.

5. Additional provisions on probationary period Additional provisions: The probation period does not exceed 180 days for the job of the enterprise manager according to the provisions of the Enterprise Law, the Law on Management and Use of State Capital Invested in Production and Business at Enterprises. Karma.

6. Additional cases of labor contract postponement Additional cases where the employees are entitled to the following labor contract postponement: – The employee performs the obligation to join the Militia and Self-Defense Force; – The employee is authorized to exercise the rights and responsibilities of the enterprise for the capital of the enterprise invested in another enterprise.

7. The employee has the right to unilaterally terminate the labor contract without any reason – Labor Code 2012: The employee who has a fixed-term labor contract, when unilaterally terminating the labor contract, must have 01 of the reasons specified in Clause 1, Article 37 of the Labor Code 2012, and also satisfy the event on notice period. – Labor Code 2019: The employee has the right to unilaterally terminate the labor contract without any reason and only need to meet the conditions of the notice period specified in Clause 1, Article 35 (except for some cases without prior notice). (See specific cases in sections 8 and 9)

8. Supplementing regulations on the cases in which the right to unilaterally terminate the labor contract without prior notice The Labor Code 2019 provides the following special cases where employees do not need notice: – Not being assigned to the correct job or working place or not guaranteed with the agreed working conditions, except for the case specified in Article 29 of this Code; – Not being paid in full or on time, except for the case specified in Clause 4, Article 97 of this Code; – Being mistreated, beaten by the employer, or verbally abusive, or has an act that affects health, dignity or honor; forced labor; – Being sexually harassed at work; – The pregnant female employee must take leave as prescribed in Clause 1 Article 138 of this Code; – Having full retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties; – The employer provides dishonest information as prescribed in Clause 1, Article 16 of this Code, affecting the performance of the labor contract.

9. 02 cases where the employer has the right to unilaterally terminate the contract without prior notice The employer also has the right to unilaterally terminate the labor contract without prior notice in the following two cases: – The employee is not present at the workplace within 15 days from the date of expiration of the postponement period of the labor contract performance. – The employee voluntarily quit his job without having a plausible reason for 05 or more consecutive working days.

10. Reasonable provisions on settlement time and responsibility of both parties when terminating labor contract – Labor Code 2012: Within 7 working days from the date of termination of the labor contract, the two parties are responsible for paying all amounts related to the interests of each party; In exceptional circumstances, it can be extended but not more than 30 days. – Labor Code 2019: Within 14 working days from the date of termination of the labor contract, the two parties are responsible for paying all amounts related to benefits of each party, except the following case These may be extended but must not exceed 30 days: + The employer who is not an individual terminates its operation; + The employer changes structure, technology or due to economic reasons; + Division, separation, consolidation, merger; sale, lease, and conversion of business type; transfer of ownership, right to use property

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