Labor supply contracts: Professionally drafted

Labor supply contracts are an important tool to help businesses manage and coordinate human resources effectively. Drafting this contract professionally not only protects the interests of both parties but also ensures transparency and minimizes legal risks. The article below Long Phan will help customers establish terms of responsibilities, benefits, working hours, salary, and welfare regimes.

What is a labor supply contract? Necessary contents in the labor supply contract

A labor supply contract is a written agreement between a Vietnamese labor service enterprise and a party receiving labor abroad, stipulating the rights and obligations of each party related to the supply and reception of workers. Vietnamese workers working abroad.

The labor supply contract must comply with the provisions of Vietnamese law and the law of the labor receiving country, and must include the following contents:

• Contract term: Clearly define the contract performance time.
• Number of employees: Regulations on the number of employees, occupations, jobs to be done, and ages of employees.
• Receiving country: Specify the country where the worker will work.
• Work location: If the contract is signed with an employer abroad, it is necessary to clearly indicate the specific work location.
• Working conditions: Describe environmental factors and working conditions at the workplace.
• Working and rest time: Regulations on working hours and rest time of employees.
• Occupational safety and hygiene: Requirements for occupational safety and hygiene during work.
• Salary and benefits: Determine salary, bonuses, overtime pay, and deductions according to the regulations of the receiving country.
• Living conditions: Regulations on accommodation, daily activities, and travel from home to work and vice versa.
• Health care regime: Medical examination, treatment, and reproductive health care regimes for employees.
• Insurance: Regulations on social insurance, health insurance, labor accident insurance, and occupational diseases.
• Terminating the contract before the expiration date: Conditions and compensation responsibilities when the employee terminates the contract before the expiration date.
• Service costs: Service fees that the labor receiving party must pay (if any).
• Travel expenses: Responsible for paying travel expenses from Vietnam to the workplace and vice versa.
• Responsibility for risks: Regulations on the responsibilities of the parties when workers encounter risks while working abroad.
• Resolving arising problems: Responsibilities of the parties in resolving arising problems related to employees while working abroad.
• Dispute resolution: Regulations on mechanisms, procedures and applicable laws to resolve disputes between parties.
• Other agreements: Other agreements between the parties that do not violate the law and social ethics.

CSPL: Article 19 of the Law on Vietnamese Guest Workers 2020.

Latest labor supply contract template

Currently, the labor supply contract model is specified in Circular 21/2021/TT-BLDTBXH, amended and supplemented by Circular 02/2024/TT-BLDTBXH.

The labor supply contract will have the official name “Contract for sending workers to work abroad”.

Accordingly, the contract will include main contents such as:

• Information of parties: Information of brokerage companies and employees.
• Job and work location: Job description, position, place of work (country, city).
• Salary, allowances and other benefits: Salary, allowances, insurance, accommodation.
• Working time: Contract start and end time, work schedule.
• Costs: Fees the employee must pay (brokerage, training, airfare, visa, etc.).
• Rights and obligations: Rights of employees, obligations of the company and employees.
• Conditions for terminating the contract: Conditions and procedures for terminating the contract, benefits upon termination.
• Dispute resolution: How to resolve when a dispute occurs.

>>> Attachment: Contract to send workers to work abroad

What to keep in mind when drafting a labor supply contract

When drafting labor supply contracts, businesses need to ensure mandatory content according to the law, while paying attention to the legitimate rights and interests of employees.

Some issues businesses need to pay attention to:

• Information of the parties: Clearly state the name, address, tax code, legal representative of the labor supplier and the employer;
• Rights and obligations: Determine the responsibilities and rights of labor suppliers, employers and employees, including labor supply, human resource management, salaries and benefits;
• Job description: Clearly state the job, position, tasks, requirements, working hours and criteria for evaluating job performance;
• Contract term: Determine the cooperation period, start date, end date and extension terms (if any);
• Salary and benefits: Clarify salary, payment method, allowances, social insurance, health insurance and welfare regimes;
• Insurance and labor safety: Regulations on insurance for employees and safety and health care regimes during work.

Instructions on how to draft professional labor supply contracts at Long Phan

With a team of consultants with many years of experience, Long Phan will provide professional labor supply contract drafting services to best meet your needs. Services provided by Long Phan include:

• Consulting clients on drafting labor supply contracts according to current regulations;
• Representing customers in negotiating with parties when implementing labor supply contracts;
• In-depth advice on related rights and obligations when entering into labor supply contracts;
• Support customers to solve problems that arise during the contract signing process;
• Providing full support and consulting services on drafting labor supply contracts.

Drafting a professional labor supply contract not only requires knowledge but also ensures the rights of workers and complies with the laws of both Vietnam and the labor receiving country.  For guidance and support in drafting professional labor supply contracts, customers can contact Long Phan’s team of experts via the hotline: 0906735386.