Câu hỏi được biên tập từ chuyên mục tư vấn luật Lao động của Công ty luật Minh Khuê

>> Luật sư tư vấn pháp luật Lao động, gọi: 1900.6162

1. Mẫu Hợp đồng đào tạo

TRAINING CONTRACT

This Training Contract (the “Contract”) is made and entered into on …./…../…… in …..., by and between:

Company:……………………………………………..

Business code: ………………………………………..

Address: ………………………………………………

Telephone: ……………………………………………

Represented by: Mr. ………………...

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Position: …………………………….

Hereinafter referred to as the “Company”

And

The other side: Mr. ……………………………………

Nationality: ……………………………………………

Date of birth: …………………………………………..

Identity Card No.: …… issued on: …/…../….. by: ……

Permanent address: …………………………………….

Current residence: ………………………………………

Contact telephone No: ………………………………….

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Hereinafter referred to as the “Trainee”

In this Contract, the Company and the Trainee are hereinafter individually referred to as the “Party” and collectively referred to as the “Parties”.

WHEREAS,

Company would like to provide the Trainee with relevant vocational skills in order for the Trainee to be recruited to work for the Company upon completion of the Training Duration and satisfaction of the recruitment requirements by the Company; and the Company would like to provide the Trainee with relevant vocational skills in order for the Trainee to work for the Company upon completion of the Training Duration; and the Trainee agrees to attend the training course as per the Company’s offer.

Now, therefore, the Parties hereby agree to enter into this Contract and commit to comply with the following terms and provisions:

Article 1. training program

1.1. Name of the training vocation: ………………….

1.2. Training duration (“Training Duration”): …………..

Article 2. training costs

The Company shall pay the following training costs relating to training of the Trainee “Training Costs” during the Training Duration: ……………………………………..

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Article 3. rights and obligations of the company

3.1. To observe the provisions hereof.

3.2. To ensure that the Trainee shall be supplied with the working devices in accordance with the job nature.

3.3. To require the Trainee to return the Training Costs and compensate to the Company as provided in Article 6 herein.

Article 4. rights, obligations and commitments of the trainee

4.1. To adhere to the Company’s internal labour regulations and other proper regulations.

4.2. To fully attend the learning/ training program at the prescribed learning/training time as regulated at this Contract.

4.3. The Trainee is fully responsible for personal income tax (“PIT”) for his/her income from the Company (if any) subject to the applicable Law on PIT of Vietnam. The Company will withhold the Trainees PIT from such income to pay to the local competent tax authority before making payment to the Trainee.

4.4. To refund the Training Costs to the Company as provided in Article 6 hereunder.

4.5. Confidential Information, intellectual property, non-competition and non-solicitation.

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  1. For the purpose of this Contract, the Confidential Information means any confidential information or data that is the property of the Company or any exclusive information or data directly relating to the operations of the Company and not generally known to the public. Where in tangible or intangible form, whenever and however disclosed, including without limitation products, investment plans, lists of customers, price policy(ies), supply source(s), financial anticipation(s), documents and policy(ies) on vocational training, employment, marketing plans and strategies, design(s) and design projects, invention(s) and research programs, know-how, trade secrets, specific software(s), computer system(s), research objectives, source code(s), manuals, systematic documents and transactions of the Company and all visual, behavioural, oral, written and/or electronic information and data(s) recorded or stored in electronic form(s) or in any other readable, visible or heard form can be seen by the Trainee such as texts, computer files, email(s), images, code(s), computer software(s), materials or know-how regarding the Company’s past, present or future. Within the scope of this Contract, the Confidential Information will also include all information that is sourced from such Confidential Information;
  2. During the Training Duration provided in this Contract and after the term of this Contract, the Trainee shall have access to and be entrusted with trade secrets and the Confidential Information of a various natures, relating to the current and future business of the Company, its clients and suppliers, the disclosure of which, even partial, would be detrimental to the Company. Consequently, the Trainee hereby covenants and agrees, during or after the term of this Contract, not to disclose, publish, communicate, exploit or use, either personally or for the benefit of others, any trade secrets or Confidential Information which the Trainee may have access to or which may be entrusted under this Contract, except subjects to prior written consent by the Company. The Company shall take action against the Trainee in case the Trainee violates the rules and impose sanctions according to the degree of seriousness of the case;
  3. The Trainee agrees that all products, discoveries, inventions, improvements, ideas, creative works, software programming or other intellectual property that the Trainee is aware of or which he/she has conceived, perfected, supplied or used in the execution of this Contract, whether during or after working hours, shall unconditionally become the property of the Company and that the Trainee shall not claim for such property in any case. During the term of and following termination of this Contract, the Trainee will not use or permit any other person to use any of the Company’s products without the Company’s prior written consent;
  4. The materials and data entrusted to the Trainee to perform his/her daily works shall remain the property of the Company and are to be used only for the performance of his/her functions. The Trainee cannot give, lend, or rent them to anyone else. During the process of manufacturing and the use of a portfolio, the Trainee shall not include therein any material related to the business of the Company, its parent(s) and other affiliates or clients without the prior written permission of the Company. Upon the termination of this Contract or of the labour contract, the Trainee shall immediately return to the Company any material or data in his/her possession which are related to the business of the Company;
  5. Ihe Trainee hereby agrees and confirms that the obligations, commitments and restrictions set forth in this Article 4 are fair, reasonable and necessary for the protection of the Company’s lawful interests;
  6. In the event of a breach of any obligation or commitment provided in this Contract, the Company shall have the right to apply any measure allowable under the laws of Vietnam for protecting its rights and benefits; and
  7. The Trainee understands and agrees that within ....... years upon termination of the Contract or labour contract regardless of reason, the Trainee shall not work for any competitor of the Company or a company otherwise in any industries, trades, or markets in which the Company operates.

4.6. To observe the provisions hereof.

Article 5. the commitment to work at the company

To commit to work for the Company for the period of at least …… years the “Committed Working Duration” after the expiry of the Training Duration. Accordingly, the salary, position and workplace of the Trainee in the Committed Working Duration will be in compliance with the signed labour contract between the Trainee and the Company.

5.1. To commit to work for the Company for the period of at least …… years the “Committed Working Duration” after the expiry of the Training Duration and satisfaction of the Company’s recruitment requirements. Accordingly, the Company and the Trainee shall enter into a labour contract with the following main contents:

  1. Type of Contract: ……………………………..;
  2. Term of the Contract: ……………………………..;
  3. Position: ……………………………..;
  4. Place of work: ……………………………..; and
  5. Salary: …………………………….. VND.

5.2. Upon completion of Training Duration, if the Trainee doesn’t enter into the labour contract with the Company, the Trainee shall refund and/or compensate the Training Costs to the Company according to Article 6 herein.

Article 6. compensation to the company due to breach(es) of the contract

The Trainee shall return entirely the Training Costs to the Company as specified in Article 2 herein, calculated on the actual Training Duration the Trainee has received and compensation of other reasonable damages at that time in one of any following circumstances:

6.1. The Trainee terminates this Contract due to any reason.

6.2. The Trainee refuses, due to any reason, to enter into a labour contract with the Company upon expiry of the Training Duration according to Article 5.2 herein;

6.3. The Trainee terminates this Contract or the labour contract to be signed by and between the Company and the Trainee within the Committed Working Duration as provided in Article 5.1 herein due to any reason.

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6.4. The Company terminates the labour contract to be signed by and between the Company and the Trainee due to the Trainee’s poor working performance or the Trainee is subject to labour discipline under the form of dismissal within the Committed Working Duration.

6.5. The Company terminates this Contract according to Article 2.3 herein.

6.6. The Trainee does not agree to extend the signed labour contract between the Trainee and the Company or sign the new labour contract when it is expired during the Committed Working Duration.

Article 7. implementation provisions

7.1. This Contract comes into force from ……………….

7.2. This Contract shall be interpreted and governed by the laws of Vietnam. The matters which are not mentioned herein shall be applied in accordance with the laws of Vietnam. 

7.3. This Contract is made into 02 (two) original copies with the same validity, and each Party keeps 01 (one) original copy for execution.

7.4. This Contract shall automatically expire when:

  1. the Trainee has finished the Committed Working Duration; or
  2. the Trainee refunds the Training Costs entirely and has fully paid the compensation to the Company due to breaching any items in Article 4 herein.

7.5. Any dispute arising out of, or relating to this Contract which is unable to be resolved in mutual agreement by the Parties shall be settled by the competent court of Vietnam in accordance with the Vietnamese laws.

IN WITNESS WHEREOF, the Parties have read and agreed to be bound by this Contract. Executed as of the date first written above.

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For and on behalf of the Trainee Company

2. Mẫu Hợp đồng cho thuê lại lao động

LABOUR OUTSOUCING CONTRACT

This Labour Outsourcing Contract (hereinafter referred to as the “Contract” is entered into on date of ………. in ……………. by the following parties:

Labour Outsourcing Party

Company: …………………………………………..…...……..

Business: ………………………………………………………

Registered address: ……………………………………..……..

Phone number: ……………………………………..………….

Fax: …………………………………………………..………..

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Legal representative: ………………………………………….

Position: ……………………………………………………….

Hereinafter referred to as the “Lessor”

And

Labour Subleasing Party

Company: …………………………………………..…....……..

Business: …………………………………………..……………

Registered address: ……………………………………………

Phone number: …………………………………………..…......

Fax: …………………………………………..…...………..…..

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Legal representative: ………………………………….………..

Position: ……………………………………………..…...……..

Hereinafter referred to as the “Lessee”

The Lessor and the Lessee hereinafter shall be referred to as a “Party” and collectively as the “Parties”.

WHEREAS, the lessor is a limited liability company duly established and operating in accordance with the laws of Vietnam and is granted a license for labour outsourcing business;

WHEREAS, the Lessee is a limited liability company duly established and operating in accordance with the laws of Vietnam and wishing to re-hire a number of the Lessor s employees in the business lines allowed to be subleased in accordance with the law;

WHEREAS, the Lessor agrees to outsource and the Lessee agrees to sublease the Lessors employees to work for the Lessee for a temporary period to supplement the lack of Human Resource of the Lessee.

NOW, THEREFORE, The Parties agree to enter into this Contract with the following terms and conditions:

Article 1. Labour Outsourcing Services

1.1. The Lessor agrees to provide the employees “Employees” of the Lessor to provisionally work for the Lessee in order to offset the temporary shortage of labour resources of the Lessee as follows:

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  1. Number of Employees to be provided: ……………………………………………….;
  2. Workplace of the Employees: ………………………………………………………...;
  3. Job position needed to use the Employees: …………………………………………...;
  4. Description of specific job to be solved by the Employees: …………………………..;
  5. Specific request of the Lessee for the Employees: ……………………………………

(i) Male and Female from 18 years old and older;

(ii) Good health;

(iii) Education level: ……………………………………..;

(iv) …………. years of working experience in the field of ……….; and

  1. Other specific requests, if any.
  2. Working commencement time of the Employees: ……………………..

1.2. Term of the Contract shall be ….. months as from the date of …… until ……, unless otherwise terminated before the expiry date in accordance with Article 8.2 herein.

1.3. Working regime of the Employees

  1. Working time and rest time:

(i) The Employees shall work from ….. AM until …… PM, from …… to ….., ……. rest hours in the afternoon shall be from …….. until ………every day.

The Lessee shall adjust the working time subject to the operating demands of the Lessee from time to time by prior notice to the Employees.

Weekly holidays: ………………………………………………….

(ii) Overtime work: The Lessee may agree with the Employees on the overtime works subject to demands of the Lessee from time to time and the Lessee shall pay overtime salaries to the Employees in accordance with the applicable laws on labour.

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(iii) The Employees shall be entitled to annual leave, public holidays, fully paid leave for personal reasons, and unpaid leave in accordance with applicable laws on labour.

  1. Occupational safety and hygiene at workplace:

(i) The Lessee shall comply with regulations on occupational safety and hygiene at the workplace in accordance with the Internal Labour Regulations of the Lessee in order to ensure the working conditions for the Employees (including provision of uniform for the Employees) to qualify standards of the laws on occupational safety and hygiene; and

(ii) The Employees are obliged to comply with regulations on occupational safety and hygiene at the workplace in accordance with the Internal Labour Regulations of the Lessee in order to ensure working environment is safe and ensure health of the Employees.

Article 2. Service Fee and Payment Method

2.1. Service fee:

(a) Within the term of the Contract, the Lessee shall pay the Lessor a service fee of …….. pursuant to the number of actual workdays that the Employees work for the Lessee and the actual expenses that have arisen as requested by the Lessee for the Employees to perform the work, including but not limited to accommodation expenses and traveling expenses for the work of the Employees.

(b) Periodically, on the date of …… of each month, the Lessee shall provide the Lessor with the table of salaries (including actual expenses) and workdays of the Employees as the basis for payment of the service fee. The Lessee shall pay the service fee to the Lessor no later than …… of the following month into the bank account of the Lessor with the following information after the Lessee receives a value added tax invoice from the Lessor:

Account holder: ……………………………………………………………………

Account No.: ………………………………………………………………………

Bank: ……………………………………………………………………………...

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Address: ………………………………………………………...…………………

  1. Bank charges arising from the transfer of the amount paid for the service fee shall be borne by the Lessor,

2.2. The Service fee stated above shall be paid in Vietnam Dong and inclusive of any tax amount that the Lessor is obliged to pay for competent State authorities regarding the receipt of payment of the service fee.

Article 3. Rights and Obligations of the Lessor and the Lessee for the Employees

3.1. Rights and obligations of the Lessor with respect to the Employees

  1. To apply labour discipline to the Employees who violate the Internal Labour Regulations of the Lessee when the Lessee returns the Employees to the Lessor due to a violation of labour discipline;
  2. To ensure that the provided Employees have the professional qualifications which match the requirements of the Lessee and the contents of the labour contract signed with the Employees;
  3. To notify the content of this Contract to the Employees to understand their working regime and rights;
  4. To sign labour contracts with the Employees in accordance with the provisions of labour law;
  5. To discharge obligations of an employer in accordance with provisions of the labour law, including but not limited to pay salaries, salaries for public holidays, annual leave, salaries on cessation of work, severance allowance, retrenchment allowance (if any) in accordance with the Labour Code during the time the Employees work for the Lessee;
  6. To ensure and represent that the salaries which the Lessor pay for the Employees are not lower than the salaries which the Lessee pay for the Employees with the same professional qualifications and doing the same jobs or jobs of the same value; and
  7. To pay for the compulsory social insurance, health insurance, unemployment insurance, labour accident and occupational disease insurance for the Employees in accordance with the law on social insurance during the time the Employees work for the Lessee.

3.2. Rights and obligations of the Lessee with respect to the Employees

  1. During the period the Employees work for the Lessee, if the Lessee considers that the Employees’ capacity is suitable for the positions that the Lessee needs to hire, the Lessee is entitled to reach an agreement with the Employees and the Lessor to officially recruit the Employees if the labour contracts between the Lessor and the Employees are still valid. In case the labour contract between the Employees and the Lessor is terminated in accordance with the applicable provisions of the labour law, the Lessee is entitled to enter into labour contracts with the Employees without the prior consent of the Lessor;
  2. To return the Employees to the Lessor when the Employees do not meet the work requirements as agreed in the Contract or violate the Internal Labour Regulation of the Lessee;
  3. To provide the Lessee with sources of evidence of a labour discipline violation of the Employees in order for the Lessor to consider applying discipline against the Employees;
  4. To inform and guide the Employees on the Internal Labour Regulations and other regulations of the Lessee in order for the Employees to comply and implement in accordance with the policy of the Lessee;
  5. Not to discriminate regarding labour conditions as between the Employees and other employees of the Lessee;
  6. In the case of the Lessee requesting the Employees to work overtime outside the working duration as agreed in this Contract, the Lessee is obligated to pay salaries for overtime work for the Employees in accordance with the provisions of the labour law; and
  7. To commit to using the Employees only as agreed in the Contract and which shall not transfer the Employees to another employer.

Article 4. Rights and obligations of the Employees

4.1. To be paid by the Lessor with the salaries no less than such that the employees who have signed the labour contracts with the Lessee with the same level, doing the same jobs or the jobs of the same value.

4.2. To file a complaint with the Lessor in case the Lessee violates the agreements of this Contract which affect the legitimate rights and benefits of the Employees.

4.3. To reach agreement to enter into labour contracts with the Lessee after the termination of the labour contracts with the Lessee without consent of the Lessor.

4.4. To discharge works pursuant to labour contracts signed with the Lessor.

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4.5. To abide by the Internal Labour Regulations, the legal administration and to comply with the Lessees collective labour agreement (if any) during the course of working for the Lessee.

Article 5. Rights and obligations of the Lessor for the Lessee

5.1. To receive payment of the services fee in accordance with the Contract.

5.2. To ensure that the conditions prescribed by applicable law are met when providing labour outsourcing services to the Lessee.

5.3. The Lessor agrees that, at any time, the Lessee shall have the right to request the Lessor to provide an outsourcing operation license as well as other necessary legal documents to check the legitimacy of business conditions of the Lessor.

5.4. To be obligated to provide the Employees with qualifications, experience, seniorities in accordance with the Lessee’s requirements and to ensure that all the Employees of the Lessor must comply with the provisions of the Internal Labour Regulation and policies of the Lessee during the course of work.

5.5. To provide sufficient documents relating to the Employees to the Lessee by the request of the Lessee and in accordance with the relevant laws, including but not limited to identity cards, labour contracts between the Lessor and the Employees, health certificates, and curriculum vitae of the Employees.

5.6. To receive the evidence provided by the Lessee regarding the Employees who violate the Internal Labour Regulations of the Lessee as a legal basis for the Lessor to consider and apply labour discipline to the Employees.

5.7. To compensate the Lessee for all damages arising in case that the Lessor and/or the Employees of the Lessor violate(s) the Contract.

5.8. Other obligations under the provisions of this Contract and in accordance with relevant laws (if any).

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Article 6. Rights and obligations of the Lessee towards the Lessor

6.1. To return the Employees to the Lessor when the Employees do not meet the work requirements as agreed in the Contract or violate the Internal Labour Regulation of the Lessee. The return of the Employees will be notified in writing by the Lessee within 07 (seven) days to the Lessor.

By sending a written notice before 07 (seven) days to the Lessor, the Lessee is entitled to request the Lessor provide other Employees to replace or hire Employees from the other labour out-sourcing parties if the Lessor is unable to provide a suitable replacement to ensure that the Lessees production and business activities shall not be affected. In addition, the Lessee will not pay the service fee for the periods of time during which the Employees do not perform the works in accordance with this Contract until the Lessor can arrange new Employees with the appropriate capacities pursuant to the Lessee’s decision.

6.2. To pay in full and on time the service fee for the Lessor in accordance with this Contract.

6.3. To provide the Lessor with evidence on violation of the Internal Labour Regulations of the Employees (if any) as a legal basis for the Lessor to apply appropriate labour disciplines to the violated Employees.

Article 7. Confidentiality

At any time during the term of this Contract and thereafter, the Parties shall keep secret and confidential and not disclose to any third party on confidential information obtained from the other party pursuant to this Contract. In particular, the Parties commit as follows:

7.1. To keep secret and not disclose to any third party any information received under this Contract in any way, form or by any mean, unless there is prior written authorization.

7.2. Not to exploit the Confidential Information received under this Contract in any way or to use such information in any form that is not contemplated in this Contract.

7.3. To only disclose the Confidential Information received under this Contract with the Parties’ own employees or external lawyers whose duties require access to Confidential Information and those employees and lawyers from the beginning have been aware of the security nature of the information and the terms and conditions of this Article 7.

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7.4. Not to use this information in any way that may cause damage to the interest of the other Party.

For the purpose of this Contract, Confidential Information means any confidential information or data that is the property of the Party or directly relating to the business operations of the Party and not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including without limitation products, lists of customers, price policy, supply source, financial anticipation, documents and employee policy, marketing plans and strategies, trade secrets and all visual, behavioural, oral, written information and data recorded or stored in electronic form or in any other readable, visible or heard form such as text, computer files, email, images or code, whether in the past, present or future.

Article 8. Validity and Termination

8.1. This Contract is effective from the date of signing by the Parties at the beginning of the Contract.

8.2. This Contract may be terminated when one of the following circumstances occurs:

  1. The Contract expires;
  2. By written agreement between the Parties;
  3. One of the Parties violates the obligations, commitments or guarantees set forth in this Contract and do not remedy this within a reasonable time according to the written notice of the other Party. In this case, the Noninfringing Party is entitled to unilaterally terminate this Contract by notifying in writing ….. days in advance to the Infringing Party;
  4. The continuation of this Contract will create a violation of the applicable laws that cannot be overcome; or
  5. The amendments of Vietnamese law regarding labour outsourcing which affects the implementation of this Contract by one or both Parties and the parties cannot agree on the content needed to be adjusted and supplemented.

8.3. In the event that the Contract is terminated in accordance with Article 8.2, the Infringing Party shall, within ….. days from the termination date of the Contract, pay the Non-infringing Party the same amount …..% of the total value of the service fee and compensate for any damages incurred by the Non-infringing Party in accordance with relevant laws.

8.4. In the event that the Contract is terminated in accordance with Articles 8.2 and 8.2, the Lessee will pay the outstanding service fee calculated to the termination date of the Contract, after deducting the amounts the Lessor is obliged to pay the Lessee (if any).

Article 9. Governing Law and Dispute Resolution

9.1. This Contract shall be governed and interpreted under the laws of Vietnam and the Parties agree to settle any dispute arising from this Contract at a competent court of Vietnam or arbitration authority …...

9.2. The Parties shall together endeavour to settle the Disputes through mediation. At the time of the arising dispute, despite any effort for mediation, if either Party considers that this dispute cannot be resolved by negotiation, such Party can send a notice of dispute “Dispute Notice” to the other Party, and summarize the content of the dispute. If the dispute cannot be settled by further mediation within 30 days from the date of sending the Dispute Notice, the dispute shall be resolved at competent court of Vietnam or arbitration authority …...

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Article 10. General Provisions

10.1. Notice

  1. Any notice, approval, requirement and the like given under this Contract must be made in writing; and
  2. Any information in writing shall be transferred by a party to the other party to the address mentioned at the beginning of this Contract or other addresses as stated later in writing for this purpose.

10.2. Severability

If any provision of this Contract can be determined to be void or unenforceable, the meaning of that provision shall be interpreted, to the proper extent, and be an enforceable term, and in case there is no acceptable interpretation found, that provision shall be removed from the rest of the Contract and the remaining content of the Contract shall remain valid and enforceable unless such provision is fundamental and has an impact on the rights and interests of any Party. In that case, the Parties shall endeavour to negotiate for a replacement of such provision which is effective, enforceable or most similar to the purpose of the Parties when entering into this Contract.

10.3. Assignment

Neither Party may assign this Contract without the prior written consent of the other Party. This Contract is binding, enforceable and valid for the interests of each Party and the legally corresponding assignee, heir.

10.4. Force Majeure

Force Majeure means that if a party “Influence Party” becomes unable to perform all or part of their obligations under this Contract due to any activity, event or cause, not including lack of financial resources, beyond the control of the Influential Party (excluding payment obligations).

Any delay or failure of any party to this Contract shall not be deemed to be a breach of the Contract if such delay or failure occurs due to Force Majeure.

10.5. Entire Contract

This Contract presents the entire agreement and united spirit between the Parties toward the subject of the Contract and it unifies and replaces any verbal or written discussions, presentations and agreements of the Parties regarding the above.

10.6. Amendment

Any amendments, modifications or supplementations to this Contract will be effective only if there is written consent among the Parties. In the event of a change in the labour

outsourcing of Vietnamese law that affects the performance of this Contract by one or both Parties, the Parties shall adjust and supplement this Contract according to the laws. If the parties fail to agree on the content to be amended or supplemented, this Contract will terminate when a party notifies the other party of the termination.

10.7. Copies

This Agreement shall be made into 02 (two) original copies with the same validity and each Party shall keep 01 (one) original copy for implementation.

For and on behalf of the Labour outsourcing party

For and on behalf of

the Labour subleasing party

3. Mẫu Thông báo cho người lao động nghỉ việc vì lý do thay đổi cơ cấu

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

NOTICE ON RETRENCHMENT OF THE EMPLOYEES

Respectfully to; The Department of Labour, War Invalids and Social Affairs of ……….

Cc: The Department of Labour, War Invalids and Social Affairs of …………………….

Name of the Company: ………………………………………………………….………..

Investment Certificate No.: ……………………………………………………………….

Place of issuance: People’s Committee of ……………….………………...……………..

Date of issuance: ………………………….………………………………………………

Legal representative: Mr. …………………………………………………………………

Title: General Director

Would like to present its complements.

…………………………. “Company”, by this letter, would like to explain the issue below for your consideration and acceptance:

Due to the organizational of the Company to fit in with the current unstable economic situation, the Company decided to ………………………….

We attach hereby the Decision of the Members’ Council of the Company for the above contents for your consideration.

Organizational restructuring of the Company as above caused termination of the labour contracts with ………….. (in words) employees working for the Company. In compliance with the prevailing regulations on labour of Vietnam, namely Article 42 of the Labour Code 2019, the Company organized the re-training for the employees working for the Company above and the test to evaluate the employees which is the ground for an arrangement of new jobs for the employees according to the explanatory letter that we have submitted to the Esteemed body on …../……/……..

In spite of this, all employees attending the re-training course and test did not satisfy the conditions and requirements to qualify for the new jobs. Therefore, the Company has decided to retrench the employees named as below:

- Mr. …………………………….. - position ………………………………………;

- Mr. …………………………….. - position ………………………………………;

- Mr. …………………………….. - position ………………………………….; and

- Mr. …………………………….. - position ………………………………………;

The Company commits to make full payment of interests and benefits for such employees which are the Company’s obligations and responsibilities.

Accompanied with this notice are the meeting minutes between the General Director of the Company and the Executive Committee of the Grassroots Trade Union on unanimous agreement on retrenchment of the above employees for your consideration.

For and on behalf of the Company

4. Mẫu Biên bản họp cho người lao động thôi việc

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

MEETING MINUTES

BETWEEN THE GENERAL DIRECTOR

AND THE EXECUTIVE COMMITTEE OF THE GRASSROOTS

TRADE UNION OF ………………………….

Ref: Retrenchment of the employees of ……………..

Today, at …. PM, date….month……year….., the General Director of ………..“Company” and the Executive Committee of the Grassroots Trade Union hold a meeting at the Company’s head office located at ………………………………………..

The meeting includes the participation of the following personnel:

1. Mr. ……………………….. General Director.

2. Mr. ………………………. Chairman of the Executive Committee of the Grassroots Trade Union's.

3. Mr. ………………………. Member of the Executive Committee of the Grassroots Trade Union's

4. Ms. ………………………. Member of the Executive Committee of the Grassroots Trade Union's

I. Purpose and agenda of the meeting

As authorized by Mr……………….. the General Director of the Company informed that the meeting was legally convened in accordance with the labour law. Mr. ……………….. announced the agenda to discuss labour issues associated with retrenchment of ………… (in words) employees working for the Company due to organizational restructuring under the Decision issued by the Members’ Council of the Company on …./…../….. due to organizational restructuring “Restructuring”.

II. Agenda in details of the meeting

1. Upon the consideration and discussion, the General Director of the Company and the Executive Committee of the Grassroots Trade Union unanimously agreed on the retrenchment of ………….. (in words) employees (as described in the list attached) working at the Company due to Restructuring under the Decision issued by the Members’ Council of the Company.

2. The Company is responsible for the payment to the retrenched employees working at the Company of all contractual salaries, bonuses (if any), retrenchment and severance allowance, and benefits in accordance with the laws of Vietnam, which are the Company’s obligations.

3. Mr…………… will implement necessary legal procedures according to the laws of Vietnam to terminate the labour contracts of the employees of the Company.

III. Opinions of the participants

The participants totally agree with the above content.

IV. Voting

Issued votes: ………….., accounting for …………… %

Be for: ………. votes.

Be against: ………… vote.

Other idea: …………. vote.

With no outstanding issues and no further questions from the participants, Mr. ………. declared that the meeting between the General Director of the Company and the Executive Committee of the Grassroots Trade Union was closed at ……….. PM on the same day. 

The minutes of meeting is made into 04 (four) originals with the same validity, in which 01 (one) original copy be kept at the head office of the Company, 01 (one) original copy shall be kept at the Grassroots Trade Union and 02 (two) original copies shall be submitted to the Department of Labour, War Invalids and Social Affairs of …………… and the Department of Labour, War Invalids and Social Affairs of ……….. as required.

Signed by Mr. ………………………., the General Director and the authorized representatives of the Executive Committee of the Grassroots Trade Union presenting as below.

Confirmation of the Participants

5. Mẫu Báo cáo kết quả đào tạo

THE REPORT ON RESULT OF TRAINING

Respectfully to, Department of Labour, War Invalids and Social Affairs of ……

Company: …………………………………………………………………………..………

Enterprise Registration Certificate No. ……. issued on …/…./….. by ………………, having registered address at ……………...

By this document, Company …… would like to report the result of training, fostering and improving jobs and professional skills for our Employees during the period from date ….. to date ……, with the following content items.

1.The purpose of training, fostering and improving jobs and professional skills: ……

2. The content items of training, fostering and improving jobs and professional skills: ………………………………………………

3. The method of training, fostering and improving jobs and professional skills: …………

4. The training expenses: ……………………………………………………………..…...

5. The evaluation after training: …………………………………………………...………

6. We undertake the responsibility for the truthfulness and accuracy of information in the report.

…………..., date………month………year………….

For and on behalf of the Company

Trên đây là một số mẫu biểu được sưu tầm. Nếu còn vướng mắc, chưa rõ hoặc cần hỗ trợ pháp lý khác bạn vui lòng liên hệ bộ phận tư vấn pháp luật trực tuyến qua tổng đài điện thoại số: 1900.6162 để được giải đáp.

Rất mong nhận được sự hợp tác!

Trân trọng./.

Bộ phận tư vấn pháp luật Lao động - Công ty luật Minh Khuê Sưu tầm

Các câu hỏi thường gặp

Câu hỏi: Hợp đồng đào tạo là gì?

Trả lời:

Hợp đồng đào tạo nghề phải có các nội dung chủ yếu sau đây:
- Nghề đào tạo;
- Địa điểm, thời gian và tiền lương trong thời gian đào tạo;
- Thời hạn cam kết phải làm việc sau khi được đào tạo;
- Chi phí đào tạo và trách nhiệm hoàn trả chi phí đào tạo;
- Trách nhiệm của người sử dụng lao động;
- Trách nhiệm của người lao động.

Câu hỏi: Khi nào phải ký Hợp đồng đào tạo?

Trả lời:

Hai bên phải ký kết hợp đồng đào tạo nghề trong trường hợp người lao động được đào tạo nâng cao trình độ, kỹ năng nghề, đào tạo lại ở trong nước hoặc nước ngoài từ kinh phí của người sử dụng lao động, kể cả kinh phí do đối tác tài trợ cho người sử dụng lao động.

Câu hỏi: Cho thuê lại lao động là gì?

Trả lời:

Cho thuê lại lao động là việc người lao động giao kết hợp đồng lao động với một người sử dụng lao động là doanh nghiệp cho thuê lại lao động, sau đó người lao động được chuyển sang làm việc và chịu sự điều hành của người sử dụng lao động khác mà vẫn duy trì quan hệ lao động với người sử dụng lao động đã giao kết hợp đồng lao động.