Sample labor contract with indefinite term: Free download

A sample labor contract with indefinite term is an agreement between the employer and employee, with no set end date. This contract brings stability and long-term commitment to both parties. To better understand this type of contract, the article will analyze in detail the relevant legal regulations, guide how to draft and provide a standard contract form.

What is an indefinite-term labor contract?

Labor contract does not specify a term is a contract in which the two parties do not specify the term or termination date of the contract. This means that the contract will be valid until either party requests to terminate the contract according to the provisions of law. This concept is clearly defined in Point a, Clause 1, Article 20 of the Labor Code 2019.

When to sign an indefinite term labor contract?

According to Article 14 and Article 20 of the Labor Code 2019, indefinite labor contracts are signed in the following cases:

• Case 1: The labor contract is signed according to the agreement between the employer and the employee with the working term stated in the labor contract being indefinite.
• Case 2: The employer and employee have signed a labor contract with a fixed term. After the contract expires, the employee continues to work, but after 30 days from the date the labor contract expires, if the two parties do not sign a new labor contract, the signed contract becomes an indefinite-term labor contract.
• Case 3: The employer and employee have signed two consecutive labor contracts with a fixed term. When the second labor contract expires and the employee continues to work, the employer and employee must sign a labor contract with an indefinite term.

>>> See more: Freelancer Labor Contract: Sample & Drafting Instructions.

The main contents of the labor contract do not specify a term

Sample labor contract with indefinite term when entering into a contract, it is necessary to ensure that the main contents are specified in Clause 1, Article 21 of the Labor Code 2019, specifically as follows:

• Name and address of the employer and full name and title of the person concluding the labor contract on the employer’s side;
• Full name, date of birth, gender, place of residence, Citizen Identification card number, ID card or passport of the person entering into the labor contract on the employee’s side;
• Work and work location;
• Term of the labor contract;
• Salary according to job or title, form of payment, payment period, salary allowances and other additional payments;
• Promotion regime, salary increase;
• Working time, rest time;
• Labor protection equipment for workers;
• Social insurance, health insurance and unemployment insurance;
• Training, fostering, improving qualifications and vocational skills.

These terms need to be presented clearly and in detail, ensuring legality and protecting the rights of both parties.

>>> See more: Bilingual Labor Contract Template: Detailed Drafting Instructions

Latest sample labor contract with indefinite term

Customers can download the latest sample labor contract with indefinite term below for reference and use:

>>> Download: Sample labor contract with indefinite term.

Consulting services, drafting standard indefinite-term labor contracts

Long Phan Consulting Company provides consulting services and drafting standard labor contracts, ensuring customers’ rights. Our team of experts has high experience and expertise in the field of labor, ready to support customers in all issues related to labor contracts. Long Phan’s services include:

• Consulting on cases of signing labor contract with indefinite term;
• Consulting on the basic contents of the contract;
• Provide standard sample labor contract with indefinite term;
• Review, amend and supplement the contract;
• Draft labor contracts with full content, ensuring customer benefits;
• Consulting on effective contract implementation;
• Consulting on resolving labor contract disputes (if any);
• Consulting and solving other issues related to labor contracts.

Frequently asked questions about indefinite-term labor contracts

Below are frequently asked questions about indefinite-term labor contracts that customers can refer to:

What rights do employees have when signing an indefinite-term labor contract?

Employees are guaranteed stable jobs, fully enjoy social insurance, health insurance, unemployment insurance, and other benefits as prescribed by law.

What obligations does an employer have when signing an indefinite-term labor contract?

Employers have the obligation to ensure stable employment for employees, pay wages in full and on time, and fully implement insurance policies and other obligations as prescribed by law.

How long in advance do employees need to give notice when they want to unilaterally terminate an indefinite-term labor contract?

According to Article 35 of the Labor Code 2019, employees working under an indefinite-term labor contract must give at least 45 days’ notice.

In what cases can an indefinite-term labor contract be invalidated?

A labor contract with an indefinite term can be declared completely invalid when the entire content of the contract violates the law or the person signing the contract is not authorized.

How is changing the content of an indefinite-term labor contract regulated?

Amending and supplementing labor contracts with an indefinite term is regulated in Article 33 of the Labor Code 2019, which must be agreed upon by both parties.

Conclude

An indefinite-term labor contract is a tool to protect the rights and interests of both employees and employers. Customers need to understand the legal provisions on labor contracts to ensure their rights. If you have any questions, please contact Long Phan Consulting Company via the hotline: 0906735386 for advice and support.