Actions that employers must not do when signing a labor contract
1. Actions that employers must not do when signing a labor contract
Behaviors that employers are not allowed to do when concluding and implementing labor contracts include:
- Keep original copies of identification documents, diplomas, and certificates of employees.
- Require employees to provide security measures in money or other assets for the performance of the labor contract.
- Forcing employees to execute labor contracts to repay debts to employers.
(Article 17 Labor Code 2019)
2. Principles for signing labor contracts
Principles for signing labor contracts (entering labor contracts) are as follows:
- Voluntary, equality, goodwill, cooperation and honesty.
- Freedom to enter into labor contracts but not against the law, collective labor agreement and social ethics.
(Article 15 Labor Code 2019)
3. Obligation to provide information when signing a labor contract
- Employers must provide truthful information to employees about work, work location, working conditions, working hours, rest hours, safety, occupational hygiene, and wages. salary, payment methods, social insurance, health insurance, unemployment insurance, regulations on protecting business secrets, protecting technological secrets and other issues directly related to the contract labor contract requested by the employee.
- Employees must provide truthful information to the employer about full name, date of birth, gender, place of residence, education level, vocational skill level, and confirm health status. and other issues directly related to the conclusion of the labor contract requested by the employer.
(Article 16 Labor Code 2019)
4. Contents that must be included in the labor contract
- The labor contract must have the following main contents:
+ Name and address of the employer and full name and title of the person concluding the labor contract on the employer's side;
+ Full name, date of birth, gender, place of residence, Citizen Identification Card number, ID card or passport of the person entering into the labor contract on the employee's side;
+ Work and work location;
+ Term of the labor contract;
+ Salary according to job or title, salary payment method, salary payment period, salary allowances and other additional payments;
+ Promotion and salary increase regime;
+ Working time, rest time;
+ Labor protection equipment for workers;
+ Social insurance, health insurance and unemployment insurance;
+ Training, fostering, improving professional qualifications and skills.
- When the employee works directly related to business secrets or technological secrets according to the provisions of law, the employer has the right to agree in writing with the employee on the content and time of the job. term of protection of business secrets, protection of technology secrets, rights and compensation in case of violation.
- For employees working in the fields of agriculture, forestry, fishery, and salt production, depending on the type of work, both parties can reduce some key contents of the labor contract and negotiate additional agreements. Content on settlement methods in case contract performance is affected by natural disasters, fires, and weather.
(Article 21 Labor Code 2019)