Rights and obligations of employees when signing a contract

Rights and obligations of employees when entering into contracts are essential issues in labor management in Vietnam. The law stipulates that workers have the right to enjoy legitimate benefits. However, employees are also responsible for complying with basic obligations. This article will present these rights and obligations in detail so that workers and managers have a clear and complete view.

Overview of labor contracts according to legal regulations

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.

According to legal regulations, labor contracts can be classified into two main types: indefinite-term labor contracts and definite-term labor contracts. Each type of contract has its own characteristics and applies to different specific cases. Choosing the appropriate type of contract will help ensure the rights and obligations of both employees and employers. At the same time, it contributes to creating a solid legal basis for the labor relationship.

Content specified in Article 13, Article 20 of the Labor Code 2019.

Rights of employees

When entering into a labor contract, employees enjoy many benefits according to the provisions of Vietnamese labor law. These rights include the right to be paid, the right to ensure labor safety and hygiene, and the right to participate in social insurance and health insurance. In addition, workers also have the right to receive training to improve their vocational skills, career development and the right to participate in union activities.

Clause 1, Article 5 of the Labor Code 2019 stipulates that employees have the following rights:

• Work; freedom to choose jobs, workplaces, occupations, vocational training, and improve professional qualifications; be free from discrimination, forced labor, and sexual harassment in the workplace;
• Receive salary appropriate to qualifications and vocational skills on the basis of agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; Leave according to the regime, paid annual leave and enjoy collective benefits;
• Establish, join and operate in employee representative organizations, professional organizations and other organizations according to the provisions of law; request and participate in dialogue, implement democratic regulations, collective bargaining with employers and be consulted at the workplace to protect their legal and legitimate rights and interests; Participate in management according to the employer’s internal regulations;
• Refuse to work if there is a clear, direct threat to life and health during work performance;
• Unilateral termination of labor contract;
• Strike;
• Other rights as prescribed by law.

Obligations of employees

The employee’s obligations when entering into a contract include compliance with the terms signed in the labor contract. They must perform work according to the position and requirements of the company, ensuring quality and progress of work.

Clause 2, Article 5 of the Labor Code 2019 stipulates that employees have the following obligations:

• Implement labor contracts, collective labor agreements and other legal agreements;
• Comply with labor discipline and labor regulations; comply with the management, administration and supervision of the employer;
• Implement legal regulations on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.

The correct process of entering into a labor contract

Signing a labor contract is an important step to ensure the rights and obligations of both parties, the employee and the employer. The process of entering into a standard labor contract not only helps protect rights and obligations of employees but also limits legal disputes. To ensure that the contract is properly executed, employees need to take the following steps:

Research positions and working conditions: clearly understand the position, working environment, as well as job requirements, thereby making wise decisions and better preparing for the interview and working process.

Read carefully the terms of the contract: With this step, you will clearly know the rights and obligations when performing under the contract, avoiding risks with unfavorable terms before signing the contract.

Seek advice from experts If there are any terms you do not understand or feel are unfair, seek advice from a lawyer or legal professional to ensure that your rights are protected.

Once both parties have agreed to the terms, sign the contract and request a copy of the signed contract for your records.

Perform tasks: Make sure you properly carry out your contractual duties and obligations.

Understanding rights and obligations of employees when entering into a labor contract is the foundation for a sustainable labor relationship. To ensure rights and fulfill obligations, customers should consult legal experts for detailed advice on entering into effective and legal labor contracts.

Consulting on entering into contracts to ensure rights and obligations of employees

Labor contract consulting services not only help protect rights and obligations of employees but also minimize legal risks and increase transparency in labor relations. Long Phan – a unit with extensive experience in the field of labor is committed to supporting parties in labor relations.

Below is one of the specific work items that Long Phan’s contract consulting service often provides:

• Consultants need to clearly understand the goals and requirements of both the employee and the employer to draft appropriate contracts;
• Providing labor contract drafting services with clear, fair and legal terms;
• Consultants need to check the terms in the contract to ensure they do not violate legal regulations and meet the needs of the parties;
• Support employees and employers in the negotiation process to reach a fair and reasonable agreement;
• Instruct the parties to properly sign the contract and ensure all terms have been agreed upon.

The correct process of entering into a labor contract requires employees to prepare carefully before signing the contract. Reading and understanding the terms of the contract while signing is really necessary. To ensure that rights and obligations of employees are protected according to the law, customers should find a professional support unit. Please contact Long Phan via hotline 0906.735.386 to get the best advice on employee rights and obligations.