Labor contract template according to the Labor Code 2019

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

*********

LABOR CONTRACT

No.: …/2023

(Promulgated under the Labor Code on November 20, 2019)

Today, ……../2023, at Company ………………, we include:

Party A: Employer

Company :

Address :

Phone :

Representative : …….. Position: …………. Nationality: Vietnamese

Party B: Employee

Mr/Ms:		Nationality:
Date of birth:		At:
Occupation:		Gender:
Permanent residence:
Current residence:
ID No.:	Issued on:	At :

Agree to enter into a labor contract and commit to comply with the following terms:

Article 1: Job, workplace and term of the contract

Type of contracts:	… month ⁽¹⁾ – Signed for the … time
From:		to:

-Workplace: ……………………………………………………………………………………………………………………………………………………………………………………………….

– Working department:

+ Department: …………………………………………………………………………………………………………………………………………………………………………………………

+ Title (working position): …………………………………………………………………………………………………………………………………………………………………..

– The occupational duties are as follows:

+ Perform work in accordance with their professional titles under the management and administration of the Board of Directors (and individuals appointed or authorized to take charge).

+ Coordinate with other departments within the Party A to maximize work efficiency.

+ Complete other tasks depending on the business requirements of the Employer and at the discretion of the Board of Directors (and individuals appointed or authorized in charge).

Article 2: Salary, allowances and other additional payments

Basic salary:	….. Vietnam Dong/month	Allowances:	….. Vietnam Dong/month
Other additional payments: Depending on the specific regulations of the Company

– Form of payment: In cash or via bank transfer.

– Term of payment: Paid on the … of the month.

– Pay rise: Employees are considered for promotion, salary increase according to work results and the regulations of the Employer.

Article 3: Working hours, rest periods, labor protection, social insurance, health insurance, unemployment insurance

– Working hour: … hours/ day, … hours/ week; Weekly days off : On Sunday ⁽²⁾.

– From Monday to Sartuday ⁽³⁾:

+ In the morning: 8h00 a.m – 12h00 p.m.

+ In the afternoon: 13h00 p.m – 17h00 p.m.

– Resting regulations on public holidays, Lunar New Year Holidays, annual leave:

+ Employees are entitled to public and Lunar New Year holidays according to the law; If the holidays coincide with Sunday, they will be compensated on the previous day or the next day depending on the specific situation which shall be directly instructed by the Company’s Board of Directors.

+ Employees who have signed a official labor contract and worked for 12 months will be entitled to a paid annual leave (01 day leave/01 month, 12 days of leave/ 01 year); For cases with the working seniority of less than 12 months, the annual leave shall be calculated in proportion to the number of working hours.

– Equipment and working tools will be allocated by the Company depending on the necessities of the job.

– Occupational safety and hygiene shall be according to the law.

– Social insurance, health insurance, unemployment insurance shall be according tothe law.

Article 4: Basic training, advanced training, rights and obligations of employees

– Basic training, advanced training: Employees are trained at the workplace or sent for training according to the Company’s regulations and job requirements.

– Commendation: Employees are encouraged by both material and mental incentives for their accomplishments at work or according to the Company’s regulations.

– Other negotiable benefits include: Lunch money, default bonus, gas support, phone, housing, clothes…, according to the Company’s regulations.

– Employee’s obligations:

+ Comply with the labor contract.

+ Perform work with dedication and diligence, ensure work completion with the highest efficiency as assigned and directed (via written documents or orally) of the Board of Directors (and individuals appointed or authorized by the Board of Directors).

+ Complete assigned work and be ready to take on any maneuver when required.

+ Understand and strictly abide by the labor discipline, labor safety, labor hygiene, fire prevention and fighting, Company culture, labor regulations and guidelines, policies of the Company.

+ In case of being sent for training, the employee shall complete such course on time, commit to long-term service for the Company after finishing the course and enjoy full salary, other benefits as a normal employee.

Should the employee wishes to terminate their cooperation with the Company after the training course, such employee shall refund 100% of the training fee and benefits received during the training period.

+ Compensation for material violations: According to the Company’s regulations and applicable laws.

+ Be responsible for proposing solutions to improve work efficiency and reduce risks. Such contributions are encouraged to be made in writing.

+ Personal income tax, if any: Paid by the employee. The company will temporarily deduct such amount before paying the employee according to regulations.

Article 5: Obligations and rights of the Employer

Obligations:

– Sufficiently fulfill the necessary conditions committed in the Labor Contract for the Employee to achieve high work efficiency. Provide émployment security for the Employee according to signed Labor Contract.

– Pay in full and on time the benefits and regimes for employees according to the Labor Contract, collective labor agreement (if any).

Rights:

– Manage the Employee to complete the work according to the Labor Contract (arranging and transferring work to the Employee according to their expertise).

– Have the right to temporarily transfer employees, cease, change, suspend, terminate the Labor Contract and apply labor disciplinary measures in accordance with the provisions of the Applicable Law and the Company’s regulations during the time of validity of the Labor Contract.

– Have the right to claim compensation, complain to related authorities to protect their interests if the Employee violates the Law or the terms of the Labor Contract.

Article 6: Miscellaneous ⁽⁴⁾

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

Article 7: Implementation

– Labor issues not mentioned in this labor contract shall apply the provisions of the collective bargaining agreement, in case of no existing collective bargaining agreement, the provisions of the labor law shall apply.

– This contract is made in 2 copies with the equal legal validity, each party keeps 1 copy and is effective from the date of signing.

– When signing the appendices of this labor contract, the contents of such appendices are as valid as the contents of this contract.

EMPLOYEE EMPLOYER

(Sign, write full name) (Sign, write full name)

Note:

(1) Term of the contract:

– In case of entering into a fixed-term labor contract: The contractual term shall be no more than 36 months (for example, 12 months, 24 months, 36 months, etc.)

– In case of entering into an indefinite-term employment contract: Write “Unspecified time limit”.

(2), (3): Based on the actual working regime at the company, the company determines the working hours and weekly days off accordingly.

(4) The company and the employee can agree on other contents such as:

– In terms of business secrets, technological know-how: If the employees’ job is directly related to the business secret, technological know-how as prescribed by law, the company has the rights to enter into a written agreement with the employee on the content and duration of the protection of the business secret, technology know-how, and on the benefit and the compensation obligation in case of violation by the employee (may be specified in a separate clause in the contract).

– Additional dispute resolution methods in the case when the contract execution is affected by natural disaster, fire or weather: For employees working in agriculture, forestry, fishery, or salt production, depending on the type of work, both parties may exclude some of the major contents of the labor contract and negotiate additional agreements on dispute resolution methods in case when the contract execution is affected by natural disaster, fire or weather.