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

Trả lời:

Chào bạn, cảm ơn bạn đã tin tưởng và gửi câu hỏi đề nghị tư vấn luật đến Bộ phận luật sư tư vấn pháp luật của Công ty Luật Minh Khuê. Nội dung câu hỏi của bạn đã được đội ngũ luật sư của Chúng tôi nghiên cứu và cung cấp một số biểu mẫu sau dùng để tham khảo:

1. Mẫu Hợp đồng lao động (Tiếng Anh)

LABOR CONTRACT

No.: ……

To day, date….month….. year, at Company’s head office address. We include:

  1. THE EMPLOYER

Name of the Company

:

……………………………………………...……..

Address

:

…………………………………………….….…...

Business code

:

……………………………………………….…....

Telephone

:

…………………………………………….……...

Represented by

:

……………………………………………….……

Position

:

……………………………………………….……

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Hereinafter referred to as “Company”

And

II. THE EMPLOYEE :

Full name

:

………………………………………………....…..

Date of birth

:

………………………………………………...…...

Identity Card

:

………………………………………………...…...

Residential address

:

……………………………………………….…...

Hereinafter referred to as the “Employee”

The Company and the Employee commit to implement the following provisions:

Article 1. Term and type of Contract

  1. Type of the Contract: Indefinite-term labour contract
  2. Duration of the Contract: …… months, from …… to ……
  3. Place of work: The office of the Company in Vietnam located at …………………………………
  4. Position: …………………………………………..
  5. Work to do: ………………………………………………………………..

Article 2. Working conditions

  1. Working hours:
  1. The working hours are from …..am to …..pm, from …..to …with break for lunch from….. pm to …… pm per day. Weekly day-off: …
  2. Working overtime: The Company may request the Employee to work overtime depending on the Company’s demand from time to time and the Employee will be paid working overtime salary in accordance with the applicable law, if requested to work overtime;
  3. Based on work requirements, the Employee is provided with working equipments and tools to carry out the works per this Contract; and
  4. Labour protection equipment to be provided for the Employee will be subject to the policy of the Company from time to time.

Article 3. Obligations and rights of the Employee

1. Rights and Benefits

The Employee has the following rights and benefits:

  1. Working transportation means: …………………………………………………
  2. Gross Monthly salary: …………… Vietnamese Dong.
  3. Method of payment: by bank transfer.
  4. Pay time: Monthly salary shall be paid to the Employee on the [15th day] of each month;
  5. Salary allowances: ……………………………….
  6. Bonus (if any): …………………………………...
  7. Other additional items: …………………………..
  8. Salary increasing policy: Salary shall be reviewed yearly.
  9. Break regime: The Employee shall be entitled to public holidays leave, personal leave, and unpaid leave in accordance with the labour law;
  10. nnual leave: The Employee who has been working for the Company for a full 12 months from 01 January to 31 December within a year shall be entitled to 12 days of annual leave with full pay. In the case of the Employee who has worked for the Company less than 12 months, the period of annual leave shall be calculated as a ratio corresponding to the time of working;
  11. Social insurance, health insurance and unemployment insurance regime:

The Company and the Employee will jointly pay social insurance, health insurance and unemployment insurance.

The method and time of payment for the social insurance, health insurance and unemployment insurance premiums shall be implemented in accordance with the Law on Social Insurance, the Law on Health Insurance and the Law on Employment.

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Training regime: The Company will provide trainings to the Employee in accordance with the plans, regulations and decisions of the Company from time to time. Subject to job requirements, training agreement between the Parties will be entered into in accordance with the law. During the time of training, retraining and improving vocational skills, the Employee.

2. Obligations

The Employee has the following obligations:

  1. To fulfil the contractual tasks in this Contract and all the addendums, supplementations to this Contract (if any);
  2. To comply with operation and administration orders, internal labour discipline and occupational safety regulations issued by the Company from time to time;
  3. Not to, in absolutely any circumstances, accept or receive whether directly or indirectly any fund, incentive, commission or monetary gift from any third parties dealing with the Company or not. Any infringement would be liable to labour discipline or termination of the Contract in accordance with the Vietnamese law;
  4. The Employee is fully responsible for personal income tax from the Employee’s salary and any amount of similar nature received under monetary or non-monetary forms payable by the Company subject to the applicable Law of Vietnam.
  5. Confidentiality of confidential information, technological secrets and trade secrets of the Company.

3. Responsibilities

The Employee has the following responsibilities:

  1. If the Employee breaches his/her obligations hereof, the Employee shall be liable under this Contract, addendums to amend and supplement this Contract (if any), norms and regulations of the Company and as prescribed by law;
  2. If the Employee violates the provisions of confidentiality of the Confidential Information, trade secrets, technological secrets, infringement of intellectual property rights or is guilty of conduct causing serious damage or threatening to cause extremely serious damage to property and interests of the Company, the Employee will be dealt with the treatment disciplinary measure in accordance with the law. In addition, if the violation causes material damage to the Company, the Employee shall also liable for compensating for the Company in accordance with the law;
  3. The Employee agrees that the Company has the right to deduct any compensation payable by the Employee to the Company from severance allowance or retrenchment allowance, if any in accordance with the law when the Employee leaves the Company; and
  4. Compensation for material damage shall be implemented in accordance with the labour law, addendums to amend and supplement to this Contract (if any), liability contract (if any), norms and regulations of the Company and the Employee shall compensate for the Company in accordance with the law even when the Employee no longer work for the Company.
  5. Confidentiality of confidential information, technological secrets and trade secrets of the Company

- For the purpose of this Contract, Confidential: Information means any confidential information or data that is the property of the Company or exclusive information or data directly relating to the operations of the Company 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, design and design projects, invention and research programs, trade secrets, specific software, computer system, research objectives, source code, manuals, systematic documents and transactions of the Company and all visual, behavioural, oral, written and/or electronic 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, code, computer software, materials or know-how regarding the Company’s past, present or future. Within the scope of this Contract, the Confidential Information also will include all information are sourced from such Confidential Information;

- The Employee must not directly or indirectly disclose any Confidential Information during the term of this Contract and at any time after the termination of this Contract. The Employee undertakes not to use, sell, market, destroy, copy or disclose the Confidential Information, technological secrets, operations or other matters of the Company in any form to any third party or organization for whatever reason without the written consent of the Company. The Employee also undertakes not to keep any copies of Confidential Information without consent in writing from the Company and not to bring any copies of Confidential Information or Confidential Information out of the places of work as stated in this Contract without the written consent from the Company;
- The Employee undertakes that upon receiving a request (regardless of in writing or in oral) of the Company, the Employee shall return to the Company all the documents or other asset containing the Confidential Information of the Company including without limitation to maps, plans, reports, handbooks, transactional letters, customer lists, computers, computer programs and all Other relevant objects and asset and all copies relating to the activities of the Company or documents obtained during the training and working. The Employee undertakes not to retain any copy, note or summary of the afore mentioned documents;
- The Employee undertakes to strictly perform the procedure for storing and maintaining material, data, etc. The Employee shall not see, offer or bring any data or material, etc. out of the storing place without the written consent of the Company. The written consent should identity the quantity, purpose and specific period for returning such material and data;
- After completing the assigned jobs according to this Contract or in case this Contract is terminated, the Employee shall return all documents, materials and any other media containing the Confidential Information that the Employee is provided by the Company or the Employee has gotten during the performance of this Contract with the Company; and

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- The Employee shall not use the Confidential Information in order to perform unfair competition acts in accordance with the applicable law of Vietnam.
- The Employee agrees and undertakes that the Employee does not possess, manage or work for any third parties or undertake any work for reward, except for and on behalf of the Company per this Contract; and
(g) To perform other obligations under this Contract, addendums to amend and supplement this Contract (if any), norms and regulations of the Company and as prescribed by law.

Article 4. Obligations and rights of the Company

  1. Obligations

The Company has the following obligations:

  1. To ensure all terms are fully implemented as agreed in this Contract;
  2. To pay fully and on time all remunerations and other benefits of the Employee in accordance with this Contract; and
  3. To implement other obligations according to this Contract, addendums to the contract and the law (if any).

2. Rights

The Company has the following rights:

  1. To manage the Employee to fulfil the tasks in accordance with this Contract, addendums to the Contract (if any) and the law (assignment, appointment, temporary work suspension, etc.); and
  2. To suspend or terminate this Contract, reward and handle violations and discipline the Employee in accordance with this Contract, addendums to the Contract (if any), the Collective Labour Agreement (if any), the Internal Labour Regulations of the Company and the law.

Article 5. Dispute resolution

  1. This Contract shall be governed or interpreted in accordance with the law of Vietnam.
  2. 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 law.

Article 6. Implementing provisions

  1. For the legal issues of labour relations that are not recorded in this Contract, the provisions of the Vietnamese law shall apply.
  2. This Contract constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between the Parties hereto with respect to the subject matter hereof. This Contract or any provision hereof may not be changed, waived, discharged or terminated orally, except by a statement in writing signed by the Parties confirming such change, waiver, discharge or termination.
  3. This Contract is made into 02 (two) original copies with equal validity. Each Party shall keep 01 (one) original copy, where any addendum to this Contract is concluded by the Parties, such addendum shall form an integral part of this Contract and the content items of the addendum to this Contract shall have the same validity with those of this Contract.
  4. This Contract is made and signed at the head office of the Company on the above said date and take effect from …/…../……

THE EMPLOYER THE EMPLOYEE

2. Mẫu Giấy ủy quyền ký hợp đồng lao động (Tiếng Anh).

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

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POWER OF ATTORNEY
For signing labour contract

Today, date…….. month………. year, at Company’s head office address we include:

  1. Authority

Full name

:

…………………………………………………………………………….

Date of birth

:

…………………………………………………………………………….

Permanent address

:

…………………………………………………………………………….

Position

:

…………………………………………………………………………….

Identity card No.

:

…… issued on ……………..by ………………………………………….

And

  1. Authorized Person

Full name

:

…………………………………………………………………………….

Date of birth

:

………………………………………………………………..…………….

Permanent address

:

…………………………………………………………………..………….

Position

:

…………………………………………………………………….………..

Identity card No.

:

…… issued on ……………..by …………………………………..……….

  1. Content of Authorization
  1. With this Power of Attorney, the Authorized Person is hereby authorized to perform the followings for and on behalf of the Authority: To sign off all the types of labour contracts and its appendixes with any or all employees (including Vietnamese employees and expatriates) working at the head office, branches and representative offices of the Company; and
  2. Duration of this Power of Attorney

This Power of Attorney takes effect from the date first mentioned above and shall expire 01 (one) year from such date, unless it is revoked sooner by either one of the following occurrences:

  1. the Power of Attorney is terminated by the Authority in writing,
  2. the Authorized Persons resign position, or
  3. the Authorized Person becomes limited legal capacity or lack of legal capacity.
  1. The Authorized Person shall not be allowed to re-authorize any other third person without the written consent of the Authority.
  2. The Authority undertakes, within the duration of this Power of Attorney, to accept and confirm all actions that shall lawfully be taken by the Authorized Person in the capacity within the scope of the authority hereby conferred on the Authorized Person.

AUTHORITY AUTHORIZED PERSON

Trên đây là một số biểu mẫu về Lao động. 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./.

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

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Các câu hỏi thường gặp

Câu hỏi: Ai có thẩm quyền ký kết hợp đồng trong công ty?

Trả lời:

Người đại diện theo pháp luật và người đại diện theo ủy quyền được ký hợp đồng lao động.

Câu hỏi: Hình thức của Hợp đồng lao động?

Trả lời:

1. Hợp đồng lao động bằng văn bản.

2. Hợp đồng lao động được giao kết thông qua phương tiện điện tử dưới hình thức thông điệp dữ liệu theo quy định của pháp luật về giao dịch điện tử có giá trị như hợp đồng lao động bằng văn bản.

Câu hỏi: Các nguyên tắc ký kết Hợp đồng lao động?

Trả lời:

1. Tự nguyện, bình đẳng, thiện chí, hợp tác và trung thực.
2. Tự do giao kết hợp đồng lao động nhưng không được trái pháp luật, thỏa ước lao động tập thể và đạo đức xã hội.