Is it necessary for students working part-time to sign labor contract? In Vietnam, is it obligatory to fill information of about relatives in labor contract?

Nội dung chính

• In Vietnam, is it necessary for students working part-time to sign labor contract?
• In Vietnam, is it obligatory to fill information of relatives in labor contract?
• What if employers dont allow employees to make changes in labor contract?

In Vietnam, is it necessary for students working part-time to sign labor contract?

Hello Lawnet, I'm a sophomore. Now, I want to apply to work at a coffee shop. I intended to work under flexible schedule for 7 months because I still need to study. In that case, do I have to sign a labor contract?

Answer:

Persuant to Article 32 of the Labor Code in 2019 stipulating as follows:

1. A part-time employee is an employee who works for less than the usual daily, weekly or monthly working hours as prescribed by labor laws, the collective bargaining agreement internal labor regulations.

2. An employee may negotiate part-time employment with the employer when enter into a labor contract.

3. The part-time employee shall be entitled to receive salary, equal rights and obligations as a full-time employee; equal opportunity and treatment, and to a safe and hygienic working environment.

As regulations above, part-time employee are those who work for less than the usual working hours and shall receive salary. They have rights and obligations equalling to full-time employee. They shall be entitled equal opportunity and treatment, and to a safe and hygienic working environment. In addition, you intend to work there 7 months so it is obligatory for you to sign labor contract.

In Vietnam, is it obligatory to fill information of relatives in labor contract?

Hello Lawnet, I'm 24 years old and living in Hanoi. Recently, I applied in an import-export company and succeed in passing the interview. However, after that, it was really unreasonable to me when they asked to fill information of my relatives including my father, mother, brothers and sisters in labor contract because I thought it was personal information of members in my family. Is it obligatory to do fill information of my relatives in labor contract?

Answer:

Persuant to Clause 1, Article 21 of the Labor Code in 2019 stipulating as follows:

1. A labor contract shall have the following major contents:

a) The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

b) Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

c) The job and workplace;

d) Duration of the labor contract;

dd) Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;

e) Regimes for promotion and pay rise;

g) Working hours, rest periods;

h) Personal protective equipment for the employee;

i) Social insurance, health insurance and unemployment insurance;

k) Basic training and advanced training, occupational skill development.

In addtion, Section II of the Circular 10/2020/TT-BLĐTBXH guiding on this content doesn't mention about the obligations to fill relatives' information in labor contract. Therefore, it is not obligatory to fill information of your relatives in labor contract

What if employers don't allow employees to make changes in labor contract?

Hello Lawnet. I have a labor contract with an import-export seafood company. The contract is legal. However, I want to make changes of some contents in it. I have already informed my company about this but they don't allow me to do so. What should I do now? Can I terminate the contract without prior notice?

Answer:

Persuant to Clause 3, Article 33 of the Labor Code in 2019 stipulating as follows:

During the performance of an labor contract, any party who wishes to revise the labor contract shall notify the other party of the revisions at least 03 working days in advance.

In case the two parties fail to reach an agreement on the revisions, they shall continue to perform the existing labor contract.

Persuant to Clause 2, Article 35 of the Labor Code in 2019 stipulating as follows:

An employee is shall have the right to unilaterally terminate the labor contract without prior notice if he/she:

- is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;

- is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.

- is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will

- is sexually harassed in the workplace;

- is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.

- reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or

- finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the labor contract.

As regulations above, in your case, if the contract is legal but both parties fail to reach an agreement on the revisions, both parties shall continue to perform the existing labor contract. In addition, you shall not terminate the labor contract without prior notice. Therefore, to secure your benefits, you shall continue to perform your existing labor contract or you can terminate it with prior notice.

Best regards!