1. Can the term of a fixed-term labor contract be extended using a contract appendix?

According to the provisions of Article 22 Labor Code 2019 In a labor contract, it is impossible not to mention the contract appendix, which is as important and effective as the labor contract itself. The labor contract appendix is ​​not only a part of the contract, but is also considered an essential part, contributing to highlighting and defining important terms and conditions. It is not only valid as part of the labor contract but also has the same legal and emotional effects as the main contract.

The labor contract appendix clearly sets out detailed regulations, amendments, and supplements, helping to clarify and clearly define the responsibilities of both parties to the contract. Importantly, although it is possible to change some articles or clauses in the labor contract, the addendum does not have the power to modify the term of the labor contract. This helps protect the rights and commitments of both employees and employers, while ensuring transparency and fairness in the employment relationship. The labor contract appendix is ​​not only a legal document, but also an important tool to help improve the quality and efficiency of the labor relationship between the two parties.

The labor contract appendix plays an important role in clarifying and detailing a number of articles and clauses in the labor contract. If there is any ambiguity or misunderstanding arising from the content of the appendix, then as a rule, the parties will accept and comply with the precise and clear content of the labor contract. This appendix is ​​not simply a part of the contract, but is also a flexible tool to help adjust and update specific provisions, while ensuring that understanding of the content of the labor contract is not inconsistent. encounter any obstacles. This is important to maintain transparency and fairness in the employment relationship.

As the labor contract appendix provides detailed regulations, if any inconsistencies or misunderstandings arise, we will rely on accurate information from the labor contract to resolve the issue. This not only ensures accuracy and consistency in contract implementation but also enhances trust and efficiency in labor relationship management.

In the case of labor contract addendums, making amendments and supplements is an important process, requiring transparency and detail to ensure accuracy and fairness. To meet this, the appendix is ​​not just an attached document, but a flexible management tool, posing specific requirements for clearly stating the content of amendments and supplements, as well as the timing. point they are valid. Specifically, each article and clause in the labor contract that is amended or supplemented in the appendix must be described clearly and in detail. This not only helps avoid misunderstandings and arguments later, but also creates a strong information base for both parties to the contract.

In addition, determining the effective date of amendments and supplements is important to ensure consistency and compliance with legal regulations. By specifying this date, we not only increase transparency but also provide an opportunity for both contracting parties to better understand the changes and prepare for their implementation.

In short, businesses are not allowed to agree to extend a fixed-term labor contract using a contract appendix according to the provisions of labor law.

2. Penalize enterprises for extending the term of a fixed-term labor contract using a contract appendix

According to detailed regulations in Article 6, Clause 1 of Decree No. 12/2022/ND-CP, the penalty level applies according to the fine imposed on the individual. Accordingly, each individual will be subject to a specific fine as prescribed. However, if we focus on the aspect of fines for organizations, the regulation has determined that the fine imposed on organizations will be double that of the fine imposed on individuals. This emphasizes the seriousness and special responsibility that organizations must face when violating the regulations stipulated in the Decree.

Seen from this perspective, setting fines depending on the character of the violator (individual or organization) helps create an expectation of fairness and compliance with the rules and regulations of the law. law. Higher levels of fines imposed on the organization may also lead to a greater level of incentives to ensure compliance and adherence to the rules set forth.

In Article 12 of Decree 12/2022/ND-CP, if an enterprise decides to extend the term of the labor contract through a contract appendix, the legal consequence will be the imposition of fines based on the regulations. As follows:

- Violations from 01 to 10 employees will be subject to fines ranging from 2,000,000 VND to 4,000,000 VND.

- For violations from 11 to 50 employees, the fine will increase, ranging from 4,000,000 VND to 10,000,000 VND.

- In case of violation from 51 to 100 employees, the enterprise will be subject to a fine ranging from 10,000,000 VND to 20,000,000 VND.

- Large-scale violations, from 101 to 300 workers, will face large fines from 20,000,000 VND to 30,000,000 VND.

- Finally, violations for the number of employees of 301 people or more will be fined from 30,000,000 VND to 40,000,000 VND.

These fine indications are not only a punitive measure but also a strong incentive mechanism to ensure compliance and responsibility on the part of businesses, while contributing to building a positive and fair working environment. equal.

3. A fixed-term labor contract can be signed for a maximum of how many months?

According to the provisions of Point b, Clause 1 of Article 20 of the 2019 Labor Code, a fixed-term labor contract is a strict agreement in which both parties agree on a specific time period and clearly determine the time of termination of the contract within a period not exceeding 36 months, calculated from the date the contract takes effect.

This creates a flexible framework but at the same time ensures clarity and transparency in managing the employment relationship. The goal of this regulation is to create conditions for both employees and employers to plan based on a specific time frame, while ensuring that the rights and responsibilities of both parties are clearly defined from the beginning. .

In this way, using a fixed-term labor contract not only provides flexibility in human resource management but also affirms a fair and sustainable partnership structure between employees and businesses. A labor contract is not simply a legal document but a strict agreement between the employee and the employer. This agreement includes important elements such as compensation, wages, working conditions, as well as the rights and obligations of each party in the labor relationship.

If the two parties agree with different names but the content of this agreement is about paid employment, salary, and management, administration, and supervision from one party, then it is considered a labor contract. . This highlights the flexibility and diversity in how the employment relationship is formed and managed, where the details of work, responsibilities, and benefits are clearly expressed. A labor contract is not only a legal document regulating labor relations but also a basis for understanding and trust between two parties. This helps create a positive working environment where all employees can work effectively and comfortably, while ensuring the rights and responsibilities of both employees and employers.