Overview of Labor Law System in Vietnam
The definition of employer means that the person employs labor and pay salary to the labor. It can be an organization, institution, enterprise or individual. If the employer is an individual, it is required that the person should be over 18 years old.
Labors mean the persons who are over 15 years old and have an ability to work under an employment contract with employees.
It is necessary to prepare the employment contract and work regulation in Vietnam. The individual conditions should be regulated in the employment contract and the rules for all of the company are regulated in the work regulations. It is required to make the work regulations by the corporations that have over 10 members. But actually it is advisable to make it for every corporation. Furthermore, it is required to make in English. Regarding to the employment contract, it can be made in English or Vietnamese.
Employment contract means the agreement of rights and liabilities between employers and employees that regulates the labor conditions, salary payment and the relationship of employment. In addition, it should be mentioned of the individual conditions between employees and employers. It is required to make two copies and the employee and employer should keep one copy each. However, it is possible to make an oral contract for the work within three months.
There are three kinds of contracts including indefinite contract, contract within 12 months and contract between 12 months to 36 months. For the contracts with a time limit, it is valid for only two times. From the third time, it is required to make an indefinite contract. The indefinite contract means that it cannot be made a period and must be contracted until the retirement age.
Contents of Employment Contract
The following items are required for the contents of employment contract.
- The information of employers
- The information of labors
- The contract period
- The work place
- The description of work and name of post
- The work conditions
- The rights and liabilities of labors
- The rights and liabilities of employers
- The rules of implementation
The trial period can be set in Vietnam before the formal employment. Basically, one time of trial period can be set for one work. And the trial period can be different based on the following conditions.
① The labors with high technology and above junior college (longest for 60 days)
② The labors with skills and above vocational college (longest for 30 days)
③ Other labors (longest for 6 days)
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