Information must be included in employment contracts under new regulations -Những nội dung bắt buộc phải có trong HĐLĐ theo quy định mới

On October 24, 2018, the Government issued the Decree No. 148/2018/ND-CP amending and supplementing certain articles of the Decree No. 05/2015/ND-CP elaborating and providing guidance on certain contents of the Labor Code.

The Decree provides amendments to certain information required in employment contracts to which employees and employers should pay attention

1. Information about the name and address of the employer

Information about working and rest time shall be required. Such information may comply with arrangements made between both parties or agreements conforming to rules, statutes of the employer, the collective bargaining agreement and/or legislative regulations.

a) Name of the contracting enterprise, entity or organization, cooperative, family households hiring or utilizing employees under employment contract based on the certificate of enterprise or cooperative registration or the investment certificate or the decision on establishment of a business entity; in case of an individual hiring and utilizing employees, the individual employer's full name will be provided as those inscribed on the issued ID card or passport;   

b) The address of the enterprise, entity, cooperative, family household or individual hiring and utilizing employees shall be the same as that inscribed in the certificate of enterprise or cooperative registration or the investment certificate or the decision on establishment of a business entity in accordance with laws;

c) Full name, birth date, number of ID card or passport, permanent residence address, title of the signatory of the employment contract on the employer's side in the enterprise, entity, cooperative, family household or individual hiring and utilizing employees shall be subject to clause 1 of Article 3 of the Decree No. 05.

2. Number of the ID card or other legal document of the employee shall be regulated as follows:

a) Number of the ID card or number of the passport must be issued by a competent regulatory authority to the employee;

b) Number, issue date, issue place of the work permit must be provided by a competent regulatory authority if the employee is a foreigner working in Vietnam;

c) The written consent to the conclusion of the employment contract must be issued by the legal representative if the employee is from 15 years old to under 18 years old;

d) Full name, birth date, gender, permanent residence address, number of ID card or passport of the legal representative shall be required if the employee is under 15 years;

dd) If the employee is under 15 years old, the written document stating that the employee agrees to authorize his/her legal representative to conclude the employment contract shall be required.

3. Job and workplace information shall be regulated as follows:

a) Job-related information: Job duties that the employee must perform shall be provided;

b) Workplace-related information: Scope of work, workplace agreed upon in the employment contract shall be provided; if the employee works in multiple workplaces, information principal workplaces where the employee works must be provided.  

4. Information about the validity period of the employment contract shall include the followings: Duration of implementation of the employment contract (number of months or days), start date and end date of implementation of the employment contract (applicable to the fixed-term employment contract or the seasonal employment contract or the piecework employment contract); start date of implementation of the employment contract (applicable to the indefinite-term employment contract).

5. Information about the pay rate, payment form, payment duration, related allowances and other supplementary amounts shall be required.

6. Pay grade promotion and pay raise information shall be required. Such information must be the same as those included in the agreement between two parties on conditions, time, pay rate after pay grade promotion or pay raise, or may be agreed on compliance with statutes of the employer or the collective bargaining agreement.

The applicable regulation (the Decree No. 05/2015/ND-CP) information shall be required. Such information must be the same as those included in the agreement between two parties on conditions, time, pay rate after pay grade promotion or pay raise, or may be agreed on compliance with statutes of the employer or the collective bargaining agreement.

7. Working and rest time information shall comply with the arrangement made between both parties or the agreement on application of rules, statutes of the employer, the collective bargaining agreement and/or legislative regulations.

Applicable regulation (Decree No. 05/2015/ND-CP) shall include the following information:

a) Working hours of a day or a week; working shifts; start and end time of a working day, week or shift; number of working days in a week; overtime work, overtime work terms and conditions;

b) Break time, start and end time of the break, weekly, yearly rest days, public holidays, new year holidays, personal business or unpaid leave. 

8. Information about the employee’s protective equipment must be provided. Such information shall be subject to labor regulations, statutes of the employer, collective bargaining agreement and legislative regulations on occupational safety and hygiene.

Applicable regulation (Decree No. 05/2015/ND-CP):

Specify the quantity, types, quality and terms of use of each piece of protective equipment in accordance with the employer’s regulations. 

9. Information about the social insurance, unemployment insurance and health insurance shall be required. Such information must conform to regulations laid down in laws on labor, social insurance, unemployment insurance and health insurance.

Applicable regulation (Decree No. 05/2015/ND-CP):

a) Percentage of the monthly salary shall be paid for social insurance, unemployment insurance, medical insurance by employers and employees as prescribed in the law on social insurance, unemployment insurance and medical insurance;

b) Methods time of payments for social insurance, unemployment insurance and medical insurance, made by employers and employees.

10. Information about technical training and education of the employee upon implementation of the employment contract shall be required. Such information shall include rights and obligations of the employer and the employee in ensuring appropriate time and budget for such training and education.   

11. Other information related to implementation of contractual terms and conditions shall be required.

 This Decree is in effect on December 15, 2018.

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