Labor Contract Form – Latest & Standard Code

Labor contract form standards according to the Labor Code help ensure the rights and obligations of both employees and employers. This document clearly stipulates working conditions, salary, working time, welfare regime and contract termination terms, creating a solid legal foundation for labor relations. Using a standard labor contract helps limit disputes and protect the legitimate interests of the parties.

What is a labor contract? Types of current labor contracts

Article 13 of the Labor Code 2019 stipulates:

• A labor contract is an agreement between an employee and an employer regarding paid employment, wages, working conditions, and the rights and obligations of each party in the labor relationship.
• In case the two parties agree by a different name but with content expressing the paid employment, salary and management, administration and supervision of one party, it is considered a labor contract.
• Before accepting employees to work, the employer must enter into a labor contract with the employee.

Currently, labor contracts are divided into two main types including:

• Labor contract with a fixed term;
• Labor contract does not specify a term.

Standard labor contract form

Although the current Labor Code does not specifically stipulate the Labor contract form. However, based on the provisions of Article 21 of the Labor Code 2019 guided by Chapter II of Circular 10/2020/TT-BLDTBXH, the labor contract must have the following main contents:

1. Information about the name and address of the employer and the full name and title of the person concluding the labor contract on the employer’s side are specified as follows:

• Name of the employer: for enterprises, agencies, organizations, cooperatives, cooperative unions, take the name of the enterprise, agency, organization, cooperative, cooperative union recorded in the business registration certificate, cooperative, cooperative union or investment registration certificate or written approval of investment policy or decision to establish an agency or organization; For cooperative groups, take the name of the cooperative group stated in the cooperation contract; For households and individuals, take the full name of the representative of the household or individual recorded in the issued Citizen Identification Card or Identity Card or passport;
• Address of the employer: for businesses, agencies, organizations, cooperatives, and cooperative unions, take the address stated in the business registration certificate, cooperative, cooperative union, or investment registration certificate or document approving the investment policy or decision to establish an agency or organization; For cooperative groups, take the address in the cooperation contract; For households and individuals, it is based on the address of that household or individual’s place of residence; phone number, email address (if any);
• Full name and title of the person concluding the labor contract on the employer’s side: write the full name and title of the person competent to enter into the labor contract as prescribed in Clause 3, Article 18 of the Labor Code.

2. Information about full name, date of birth, gender, place of residence, Citizen Identification Card number or ID card or passport of the person entering into the labor contract on the employee’s side and some other information, including:

• Full name, date of birth, gender, residential address, phone number, email address (if any), Citizen Identification card number or ID card or passport issued by a competent authority of the person concluding the labor contract on the employee’s side as prescribed in Clause 4, Article 18 of the Labor Code;
• Work permit number or document certifying that the employee is not eligible for a work permit issued by a competent authority for foreign workers;
• Full name, address of residence, Citizen Identification card number or ID card or passport, phone number, email address (if any) of the legal representative of the person under 15 years old.

3. Work and work location are regulated as follows:

• Work: the tasks that the employee must perform;
• Work location of the employee: location and scope of work performed by the employee as agreed upon; In case the employee works regularly in many different locations, write all of those locations.

4. Terms of the labor contract: duration of the labor contract (number of months or days), starting time and ending time of the labor contract (for fixed-term labor contracts); starting time of the labor contract (for labor contracts with indefinite terms).
5. Salary according to job or title, form of payment, payment period, salary allowances and other additional payments are specified as follows:

• Salary according to job or title: record the salary calculated based on the time of the job or title according to the salary scale and salary table developed by the employer according to the provisions of Article 93 of the Labor Code; For employees receiving wages based on products or salary, write the salary calculated by time to determine the unit price of the product or salary;
• Salary allowances as agreed by both parties are as follows: Salary allowances to compensate for factors such as working conditions, complexity of work, living conditions, and level of labor attraction where the salary agreed in the labor contract has not been taken into account or is not fully calculated; Salary allowances are linked to the employee’s work history and performance results.
• Other additional amounts agreed upon by both parties are as follows: Additional amounts are determined with a specific amount of money along with the salary agreed in the labor contract and paid regularly in each pay period; Additional payments whose specific amount cannot be determined along with the salary agreed in the labor contract, paid regularly or irregularly in each pay period associated with the working process and results of the employee’s work performance.

For other regimes and benefits such as bonuses as prescribed in Article 104 of the Labor Code, initiative bonuses; mid-shift meal money; Subsidies for gasoline, telephone, transportation, housing, child care, and childcare; Support when an employee has a relative who dies, an employee whose relative gets married, on the employee’s birthday, allowances for employees in difficult circumstances due to labor accidents, occupational diseases, and other support and allowances are recorded in a separate section in the labor contract.

• The form of salary payment is determined by both parties according to the provisions of Article 96 of the Labor Code;
• The salary payment period is determined by both parties according to the provisions of Article 97 of the Labor Code.

6. Promotion and salary increase regime: according to the agreement of both parties on conditions, time, salary after promotion, salary increase or implemented according to the collective labor agreement and regulations of the employer.
7. Working hours and rest hours: according to the agreement of both parties or agreements implemented according to labor regulations, employer regulations, collective labor agreements and provisions of law.
8. Labor protection equipment for employees: personal protective equipment at work according to the agreement of both parties or according to the collective labor agreement or according to the employer’s regulations and the provisions of law on occupational safety and hygiene.
9. Social insurance, health insurance and unemployment insurance: according to the provisions of law on labor, social insurance, health insurance and unemployment insurance.
10. Training, fostering, improving qualifications and vocational skills: rights, obligations and interests of employers and employees in ensuring time and funding for training, fostering and improving vocational qualifications and skills.

Below is a standard labor contract form, you can refer to:

• Basic labor contract form;
• Labor contract form with a fixed term;
• Labor contract form with indefinite term.

Comprehensive labor contract drafting and review consulting service at Long Phan

Long Phan provides comprehensive labor contract consulting, drafting and review services, ensuring compliance with regulations and protecting the rights of businesses and employees.

Service scope:

• Consulting and guiding the latest regulations of the Labor Code, ensuring legal contracts and limiting risks.
• Draft and establish standard labor contracts for each type (definite term, indefinite term, probationary…).
• Check, review and edit existing contracts to comply with regulations and business practices.
• Support in handling problems that arise during contract implementation.

With an experienced team, Long Phan is committed to providing optimal solutions for businesses and workers.

Using the correct labor contract form will help businesses and employees ensure their rights, avoid risks and create a transparent working environment. With advice from Long Phan, you can rest assured about the legality, clarity and completeness of the contract. Contact now hotline: 0906735386 for detailed support and to receive a labor contract form that suits your needs.