Necessary contents when drafting a contract is one of the important documents for both employers and employees. Owning an accurate labor contract template will help employees and businesses protect their rights. TogetherVindoo Download the latest Word file employment contract template today.
Previously, according to the 2012 Labor Law, there were two types of labor contracts: seasonal contracts and ad hoc contracts. However, when the Labor Code of 2019 was promulgated, these contracts were eliminated and replaced by two unique types of contracts: indefinite-term labor contracts and fixed-term labor contracts. term.
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1. Indefinite labor contract
An indefinite-term labor contract is a type of labor contract that does not limit the use of employees. This type of contract is usually used when a previously fixed-term employment contract has ended.
Word file template of an indefinite labor contract: HERE
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2. Labor contract with definite term
A fixed-term employment contract is a type of employment contract commonly used to determine an employee's employment period. Accordingly, the contract will have a specific term, such as 01 month, 03 months, 06 months or 12 months.
Sample contract with a fixed term in 2023: HERE
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3. Form of labor contract according to Circular 10/2020
Circular 10/2020/TT-BLDTBXH stipulates the required contents in Employee hire contract template. Accordingly, the Circular 10/2020 labor contract includes the following information:
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Labor contract according to Circular 10/20204. Sample labor contract for contracting construction work
A construction contract is an agreement between two parties in which the contractor undertakes to complete a specific construction project at the request of the principal. Contracts for contracting for construction work are widely used in the construction sector.
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Labor contract for contracting construction work5. Regulations and notes when drafting labor contracts
5.1 Contents of a contract
In an employment contract, the necessary contents must be fully mentioned to ensure the interests of both the employer and the employee. According to Article 21 of the Labor Code 2019, the most important contents in a labor contract include:
- TEmployer's name and address
- Personal information of the person signing the contract
- Job description
- Work location
- Contract term
- Salary is paid according to the job or title.
In addition, the contract should also clearly state the regulations on the promotion and salary increase regime; working and resting time; provide labor protection equipment; benefits on social insurance, health insurance and unemployment insurance.
In order to improve the capacity and skills of employees, the labor contract should also mention the issues of training, fostering and improving professional qualifications and skills. Contracting parties may also agree to add other terms if they do not violate the provisions of law.
Necessary contents when drafting a contract5.2 Notes when drafting a labor contract
When entering into a labor contract, employees should note the following points to ensure their rights:
- Probation period: The maximum probation period is not more than 180 days for business managers, 60 days for college degrees or higher, 30 days for intermediate qualifications and 6 days for professional employees. another thing. An employee is only allowed to try a job once for a job and not apply for a probationary period for contracts of less than 1 month.
- Probationary salary: The probationary salary must be at least 85% of the official salary. After meeting the requirements, the employee and the employer must sign the labor contract immediately.
- Official salary: The official salary must not be lower than the regional minimum wage.
- Identity papers/diplomas/certificates: Units/enterprises are not allowed to keep originals of employees' identity papers, diplomas and certificates.
- Overtime pay: If the contract stipulates overtime, it is necessary to clearly consider the overtime hours and the overtime salary according to the current Labor Code.
- Regulations on Tet holidays: Every year, employees are entitled to 10 holidays, New Year and 12 days of leave.
- Cases of penalty for breach of contract: Know the cases of contract violation and the corresponding penalty.
5.3 Principles when entering into labor contracts
Principles of voluntariness, equality, goodwill, cooperation and honesty: While entering into a labor contract, the parties must comply with the provisions of law, social ethics and agree on the content of the contract according to the spirit of the labor contract. goodwill and cooperation. If one party discovers that the other party has cheated in the employment relationship, they have the right to terminate the contract without prior notice.
The parties are free to enter into labor contracts, however, the signing must comply with the provisions of law and the collective labor agreement. The condition for entering into a labor contract in accordance with the legal competence is that the employee has full civil act capacity to sign the contract, the representative of the enterprise must comply with the provisions of law and must be a legal representative. the legal representative of the enterprise, the owner of the business household, the individual employing the employee or the person legally authorized.
The labor contract must be signed before the employee is admitted to work and must not re-authorize another person to enter into the labor contract. The labor contract must be entered into in writing and made in two copies, each party keeps one copy.
An employment contract can be a paper contract, an electronic contract or an oral contract. determined.
Owning a employment contract template Word file Accurate and up-to-date 2023 is essential to protect the interests of both employers and employees. If you are looking for a complete, clear and consistent employment contract template with current laws, do not hesitate to download and use the latest sample employment contract in the article above. Viindoo Please!.
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