The most standard labor contract form 2024

A labor contract is a legally binding agreement between an employee and an employer regarding paid employment. The labor contract must meet all regulations on form and content according to labor law. The article below Long Phan will provide customers with the most standard labor contract samples in 2024.

What is a labor contract?

According to the provisions of Article 13 of the Labor Code 2019: Labor contract is an agreement between the employee and the employer regarding paid employment, salary, working conditions, 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.

Types of labor contracts according to current labor law

Currently, there are types of labor contracts regulated in the Labor Code  2019 as follows:

Labor contract with a fixed term

A fixed-term labor contract is a contract in which the two parties determine the term and termination date of the contract within a period of no more than 36 months from the effective date of the contract.

Labor contract does not specify a term

An indefinite labor contract is a contract in which the two parties do not specify the time of termination of the contract.

The most standard new labor contract form

>>>Labor contract sample: Fixed-term contract  

>>> Labor contract sample: No deadline specified

Basic content of labor contract

Scope of subject and work

The scope of subject and work is the most important content of the labor contract. This content may include the following information:

• Information of the employer: Name and address of the employer and full name and title of the person concluding the labor contract on the employer’s side;
• Employee information: 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.

Contract term

Labor contract term is the period of time that both parties agree to perform the labor contract. Labor contract duration can be divided into two types:

• Deadline determined: Is the time limit in which the two parties determine the beginning and end of the contract’s validity. The specified term of the labor contract can be from 12 months to 36 months.
• Indefinite term: A term in which the two parties do not determine the starting and ending time of the contract.

Salary and benefits

According to the provisions of the Labor Code 2019, the specific regulations are as follows:

• Salary according to job or title, form of payment, payment period, salary allowances and other additional payments;
• Promotion regime, salary increase;
• Labor protection equipment for workers;
• Social insurance, health insurance and unemployment insurance;
• Training, fostering, improving professional qualifications and skills.

Working and rest time

Working time and rest time are the time an employee has to work and the time the employee can rest in a day, a week, or a month. Besides, there also need to be provisions related to holidays and Tet. Holidays and Tet holidays are the time when employees are allowed to rest and receive pay during holidays and Tet according to the provisions of the law.

Some other content

In addition to the main contents mentioned above, the labor contract may have additional contents such as:

• Work location: Work location is where the employee performs assigned work.
• Probation: Probation is the period of time an employee works to be evaluated for their ability and qualifications suitable for the job for which the employee is recruited.
• Salary raise regime: Salary increase regime is a regulation on salary increases after a certain period of work.
• Training mode: Compensation is the extra money that employees receive in addition to their salary when working overtime, working at night, or working in special conditions.

Note when signing a labor contract

When signing a labor contract, some notes should be considered as follows:

• Regarding the principles of signing a labor contract, the parties must comply with the provisions of labor law including the principles of: voluntariness, equality, goodwill, cooperation, honesty, and must not be contrary to social ethics.
• Understand clearly the contract penalty cases and penalty levels to protect the rights of employees.
• Understand the legal regulations and binding contractual terms that the parties must implement after signing the labor contract.

Consulting services for drafting the latest labor contracts

Long Phan Consulting Company will support and provide customers with the following services:

• Research relevant information about the parties in the contract in specific cases as required by the business;
• Consulting, drafting, negotiating labor contracts and adjusted contents (if any);
• Provide the latest labor contract samples to customers;
• Review labor contracts and advise on amending contract terms;
• Consulting, receiving authorization, directly resolving labor contract disputes;
• Consulting on other related issues based on labor contract regulations.

Frequently asked questions about labor contracts

To help you better understand the legal aspects of employment contracts, we have compiled the following frequently asked questions:

What are the specific legal prerequisites for labor contracts in specialized professions like healthcare or education?

In specialized professions, labor contracts must adhere to sector-specific regulations, including licensing requirements, professional certifications, and adherence to industry standards, which are often outlined in separate legal documents or circulars.

How can a labor contract be modified or terminated legally?

Modifications require mutual consent, documented in writing. Termination can occur through mutual agreement, expiration of a fixed-term contract, unilateral termination by either party within legal grounds, or business restructuring.

What are the repercussions of violating the provisions of a labor contract?

Breaching a labor contract can lead to financial penalties, compensation for damages, or legal action. The severity depends on the violation’s nature and impact.

What is the function of collective labor agreements and how do they interact with individual labor contracts?

Collective labor agreements are negotiated between employer representatives and employee representatives, establishing general working conditions. Individual labor contracts must comply with these agreements and cannot provide less favorable terms.

What unique regulations apply to labor contracts involving foreign employees in Vietnam?

Foreign employees require work permits, and their contracts must comply with regulations on foreign labor, including salary requirements, social insurance, and repatriation clauses.

Understanding and applying the latest terms in labor contracts is an important part of the labor relationship between employees and employers. This helps protect the rights of both employees and employers. In the article above, we have provided customers with the latest contract forms 2024. For more detailed information and the best support, you can contact Long Phan Consulting Company via the hotline 0906735386.