How many copies must the labor contract be made into?
1. How many copies must the labor contract be made into?
According to Clause 1, Article 14 Labor Code 2019 The labor contract must be concluded in writing and made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy, except in cases where both parties can enter into an oral labor contract. for contracts with a term of less than 01 month, except for the cases specified in Clause 2, Article 18, Point a, Clause 1, Article 145 and Clause 1, Article 162 Labor Code 2019.
Labor contracts concluded through electronic means in the form of data messages according to the law on electronic transactions are as valid as written labor contracts.
So, according to the above regulations, when concluding a written labor contract, it must be made into 02 copies, the employee keeps 01 copy, the employer keeps 01 copy.
2. Obligation to provide information when concluding a labor contract
Obligation to provide information when concluding a labor contract according to Article 16 Labor Code 2019 as follows:
- 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.
3. Authority to enter into labor contracts
Authority to enter into labor contracts according to Article 18 Labor Code 2019 as follows:
- The employee directly enters into a labor contract, except for the case specified in Clause 2, Article 18 Labor Code 2019.
- For seasonal work or certain jobs with a term of less than 12 months, a group of workers aged 18 or older can authorize a worker in the group to enter into a labor contract; In this case, the labor contract must be concluded in writing and has the same effect as if it were signed with each employee.
The labor contract signed by an authorized person must be accompanied by a list clearly stating the full name, date of birth, gender, place of residence and signature of each employee.
- The person entering into the labor contract on the employer's side is a person in one of the following cases:
+ Legal representative of the enterprise or authorized person according to the provisions of law;
+ The head of an agency or organization with legal status according to the provisions of law or an authorized person according to the provisions of law;
+ Representatives of households, cooperative groups, other organizations without legal status or authorized persons according to the provisions of law;
+ Individuals directly employing workers.
- The person entering into the labor contract on the employee's side is a person in one of the following cases:
+ Employees aged 18 years or older;
+ Employees from 15 years old to under 18 years old with the written consent of that person's legal representative;
+ Person under 15 years old and that person's legal representative;
+ The employee is legally authorized by the employees in the group to enter into a labor contract.
- A person authorized to enter into a labor contract may not authorize another person to enter into a labor contract.