Things to know about vocational training contracts between employers and employees

Article overview

Vocational training contracts between employer and employee plays a role in establishing legal relationships during the training process and improving the professional qualifications of workers. This document clearly stipulates the rights and obligations of the participating parties, training costs, and the time commitment to work after training according to the Labor Code 2019. The following article by Long Phan will help customers clearly understand Legal regulations on vocational training contracts and the rights of the parties during contract implementation.

Important notes about vocational training contracts
Important notes about vocational training contracts

Legal regulations on vocational training contracts

Vocational training contracts are specifically stipulated in Article 39 of the Law on Vocational Education 2014. Accordingly, this contract is a verbal or written agreement between the representative of the vocational education institution and the organization, individually with learners. The contract applies to regular training programs as prescribed.

In addition, the law also requires vocational training contracts to be made in writing and fully signed by all participating parties. This document should clearly state the responsibilities and rights of both the trainer and the person being trained. The terms of the contract need to comply with the provisions of the law on labor and vocational education.

In what cases must a vocational training contract be signed between the employer and employee?

Article 62 of the Labor Code 2019 clearly stipulates cases where signing a vocational training contract is mandatory. Specifically, employers and employees need to sign a vocational training contract in cases where employees are trained to improve their qualifications, vocational skills, or retrain domestically or abroad at the employer’s expense. Including funds sponsored by partners for employers.

The vocational training contract must be made into 02 copies, each party keeps 01 copy as a basis for implementation. Therefore, in the above cases, employees and employers must sign a contract when conducting training to improve their qualifications. This signing is to ensure the interests of both parties and avoid risks arising in the future.

Mandatory signing of vocational training contract according to regulations
Mandatory signing of vocational training contract according to regulations

Things to note about vocational training contracts between employers and employees

Form of vocational training contract: According to the provisions of Clause 1, Article 62 of the Labor Code 2019, the vocational training contract needs to be made in two copies, each participating party will keep one copy.

Main contents in the vocational training contract:

According to Clause 2, Article 62 of the Labor Code 2019, vocational training contracts must include the following main information:

  • Training profession;
  • Location, duration of training and salary received during the training period;
  • Time commitment to work after completing training;
  • Training costs and obligation to reimburse these costs (if any);
  • Responsibilities of the employer;
  • Responsibilities of employees.

In addition, in Clauses 3 and 4, Article 39 of the Law on Vocational Education 2014, if an enterprise organizes training for employees to work at the enterprise, the training contract needs to supplement the following commitments:

  • The employee’s working commitment period after training;
  • Commitment from the enterprise to employ workers after training;
  • Agree on time and wages for employees if they participate in production during the training process.

Responsibilities of the contracting parties:

For employers: According to Article 60 of the Labor Code 2019, employers are responsible for training and improving skills for employees. Specifically, they must:

  • Make annual plans and allocate funds for training and fostering vocational skills for employees.
  • Training before transferring workers to another occupation.
  • Notify annual training results to the specialized labor agency under the Provincial People’s Committee.

For apprentices: According to Article 61 of the Labor Code 2019, apprentices are recruited for training at the workplace. Some important notes include:

  • The internship period is no more than 3 months.
  • Employers do not need to register for vocational education activities and are not allowed to collect tuition fees; They must sign a training contract.
  • Apprentices must be 14 years old and in suitable health. For heavy and hazardous occupations, learners must be 18 years of age or older (except in the fields of arts and sports).
  • During the vocational training period, if the learner participates in labor, they will receive a salary according to the agreement.
  • After completing the study period, you need to sign a labor contract if eligible.
Important points in vocational training contracts
Important points in vocational training contracts

Consulting and in-depth support on vocational training contracts in accordance with regulations

Long Phan provides comprehensive consulting services on vocational training contracts to help businesses and employees comply with legal regulations and ensure the best rights. Specifically, consulting and support services at Long Phan include:

  • Consulting on vocational training contracts according to regulations.
  • Support drafting vocational training contracts in accordance with legal regulations.
  • Consulting on the content required in the contract, including rights, obligations and legal terms.
  • Consulting on necessary conditions to organize training and sign contracts, including requirements for facilities and teaching staff.
  • Representing parties in negotiating and signing contracts, ensuring rights are protected.
  • Provide legal support in resolving disputes related to vocational training contracts.

Vocational training contracts between employers and employees are a solid legal tool to build a sustainable and effective cooperative relationship in the process of developing labor skills. With a team of experienced consultants, Long Phan will offer optimal solutions, ensuring the highest benefits for both businesses and employees. Customers can contact Long Phan via the hotline: 0906735386 for detailed advice and to help the training process be transparent and legal.