Does Remote Work Require a Separate Contract?

“Does remote work require a separate contract?“ is a question of concern for many businesses and employees in the context where this flexible working model is increasingly popular. Applying the remote work form requires a clear determination of the legal basis, rights, and obligations of parties in labor relations. The following article by Long Phan Consulting will analyze in detail the current regulations related to this issue.

Is it necessary to enter into an employment contract with a remote worker?

Based on the regulations in Clause 2, Article 13 of the Labor Code 2019, before recruiting an employee to work, the employer must conclude a labor contract with the employee.

Simultaneously, according to Article 14 of the Labor Code 2019, the labor contract must be concluded in writing and made into 02 copies, the employee keeps 01 copy, and the employer keeps 01 copy. A labor contract concluded via electronic means in the form of data messages according to the law on electronic transactions has the same value as a written labor contract.

Thus, employers must still conclude contracts with employees working remotely via electronic means such as electrical, electronic, digital, magnetic, wireless transmission technologies, etc., in the form of data messages according to legal regulations.

>>> See more: What should we keep in mind when agreeing on working time in the labor contract?

Contents of the employment contract

Current regulations in Article 21 of the Labor Code 2019 list in detail the mandatory components that must be present in the contract, including:

1. Name and address of the employer and full name and title of the person concluding the contract on the employer’s side.
2. Full name, date of birth, gender, residence, Citizen ID card/ID card/Passport number of the person concluding the contract on the employee’s side.
3. Job and workplace.
4. Term of the labor contract.
5. Salary according to job or title, form of payment, payment deadline, allowances, and other additional payments.
6. Regime for level promotion and salary increase.
7. Working hours, rest periods.
8. Labor protection equipment for the employee.
9. Social insurance, health insurance, and unemployment insurance.
10. Training, fostering, and improving professional qualifications and skills.

From the above mandatory contents, it can be seen that current labor laws allow parties to specifically agree on the job and workplace right in the labor contract. Therefore, in cases where employees work remotely, work from home, or work with flexible locations, parties can record this content clearly in the labor contract or contract appendix without being required to conclude a separate labor contract.

The Labor Code 2019 does not currently set a requirement to sign a separate contract for the remote working form, as long as agreements on workplace, working hours, salary, and rights/obligations are stated clearly, transparently, and not contrary to legal regulations.

Principles when concluding employment contracts

According to Article 15 of the Labor Code 2019, when concluding labor contracts, parties must adhere to the following principles:

1. Voluntary, fair, good faith, cooperative, and honest.
2. Freedom to enter into labor contracts but not contrary to law, collective labor agreements, and social ethics.

For the principle of concluding and implementing electronic labor contracts, parties comply with the guidance in Article 4 of Decree 337/2025/ND-CP, including:

1. Compliance with laws on labor, electronic transactions, cybersecurity, data, personal data protection, archiving, and Decree 337/2025/ND-CP.
2. Electronic labor contracts must be sent to the employee and employer in the form of data messages via appropriate electronic means agreed upon by the parties.
3. Encouraging the use of electronic labor contracts to replace paper contracts in HR management and administrative procedures.

>>> See more: Legal procedure for terminating labor contract

Regulations regarding the obligation to provide information when concluding an employment contract.

According to Article 16 of the Labor Code 2019, employers and employees must ensure the following information provision obligations when concluding contracts:

1. Employer: Must provide honest information to the employee regarding the job, workplace, working conditions, working hours, rest periods, occupational safety and hygiene, salary, payment forms, insurance, regulations on protecting trade secrets/technological secrets, and other issues directly related to the contract conclusion as requested by the employee.
2. Employee: Must provide honest information to the employer regarding full name, DOB, gender, residence, educational level, occupational skill level, health status confirmation, and other issues directly related to the contract conclusion as requested by the employer.

Labor law consulting services at Long Phan Consulting

Long Phan Consulting provides comprehensive and in-depth consulting solutions for businesses and employees in the context of a volatile labor market. Our team of experts supports the development of documentation systems suitable for modern management models, especially remote working mechanisms. We are committed to optimizing legal rights and minimizing legal risks for our clients.

Our services include:

1. Consulting on drafting and reviewing employment contracts.

• Long Phan Consulting assists in designing specific terms and conditions for remote employees, including regulations on location, time, and work tools.
• Review the terms of the current contract to ensure compliance with legal regulations.
• Drafting an addendum to the contract to accommodate changes in working arrangements ensures flexibility and legal security for the business.

2. Develop Internal Labor Regulations and Collective Labor Agreements

• Support businesses in supplementing and amending their internal labor regulations to effectively manage labor discipline for employees who do not work in the office.
• Providing consultancy on establishing information security regulations and regulations for the use of company assets when employees work from home.
• Representing or assisting businesses in negotiating and signing collective labor agreements related to benefits for remote workers.

Frequently Asked Questions

Below are some frequently asked questions regarding employment contracts; please refer to them:

Are contracts concluded via email or text message legally valid?

Yes. Employment contracts concluded electronically in the form of data messages (including email, text messages, or other online platforms) are legally recognized as having the same legal validity as paper documents, provided they meet all the legal requirements for electronic transactions.

(Legal basis: Clause 1, Article 14 of the 2019 Labor Code, Clause 1, Article 3 of Decree 337/2025/ND-CP.)

Can remote workers’ salaries be lower than the regional minimum wage?

No. The salary for a job or position must not be lower than the regional minimum wage set by the Government. For remote workers, the regional minimum wage is usually determined based on the employer’s operating location (where the business is headquartered) as stated in the contract.

(Legal basis: Articles 90 and 91 of the 2019 Labor Code.)

Do I need to sign a new contract when switching from working in an office to working remotely?

A new contract doesn’t necessarily have to be signed. Both parties can agree to sign an addendum to the employment contract to modify the “Work Location” clause from the office to the residence address or a flexible arrangement, and adjust related benefits (if any).

(Legal basis: Article 33 of the 2019 Labor Code.)

Are remote workers liable for compensation if they disclose trade secrets?

Yes. If the employment contract or confidentiality agreement clearly specifies the list of trade secrets and penalties for violations, and the employee’s actions cause damage, they must compensate according to the agreement and the provisions of the law.

(Legal basis: Clause 2, Article 21 of the 2019 Labor Code.)

Can businesses cut salaries when employees switch to remote work?

This is only permitted with the employee’s consent through contract amendment or contract addendum. Businesses are not allowed to unilaterally reduce wages in a concluded labor contract solely for the reason of a change in work location, except in cases of renegotiation regarding productivity or changes in the nature of the work.

(Legal basis: Articles 17 and 33 of the 2019 Labor Code.)

>>> See more: New Regulations on Electronic Labor Contracts and Control ID Codes from July 1, 2026New Regulations on Electronic Labor Contracts and Control ID Codes from July 1, 2026

Conclusion

Determining whether remote work requires a separate contract demands a thorough understanding of current labor laws to avoid unnecessary risks. Businesses need to build strict, clear agreements to effectively manage personnel in the online environment.

Long Phan Consulting Company is ready to support reviewing and drafting the most optimal legal documents for you. Please contact Hotline 1900636389 to receive in-depth advice.