LABOR / LABOUR CONTRACT
This is a sample of labor law contract form agreement. It is used to conduct contract negotiations between employer and employee.
We are, from one side. Mr/Mrs.:
On behalf of: Write exactly and clearly name of enterprise.
And from other side, Mr./Mrs.:
Date of birth…. at:
Occupation: Write exactly and clearly occupation (the main work that you take over)
ID Card No./Passport No…. issued on day… month… year…. at….
Labor book No.(If any)… issued on…. at….
Agree to sign this labor contract and commit to implement the following provisions:
Article 1: Term and work of labor contract
• Categories of labor contract: kinds of labor contract, for example: indefinite term or 6 months term.
• From date…. month….year to date….month…year.
• Probation time from date…month…year to date…month…..year.
• Place of work: write exactly and clearly address of head office and sub office (if any).
• Position: (If any)
• Job description: Write the main works that you have to take over at enterprise.
Article 2: Work regime of labor contract
• Time of work: write exactly and clearly the number of daily/weekly working hours. for example: 8h/per day and 40h/per week.
• Providing with working equipments included:
Article 3: Obligations, rights and benefits of the employee
1. Rights and benefits:
• Means of transport of working: Write exactly and clearly means of transport provided from whom, for example: means of transport providing from office or the employees do it them selves.
• Basic salary or wages: Write exactly and clearly salary in accordance with salary scale or salary sheer that office applied.
• Form of paying salary:
• Allowances: Write kind of allowance, coefficient, level of allowance at the time of signing labor contract.
• To be paid monthly on …
• Regime for raising salary:
• Providing with protection equipments included:
• Time of rest (Weekly leave, annual leave and public holidays…)
• Social insurance and health insurance:
• Regime for vocational and training: Write exactly and clearly rights, benefits and obligations of employee from the case that assign for training by enterprise. Ex: During the time of assigning for training, the employee shall have the obligation complete the training course on time; shall have entitle to full salary and other rights and benefits as the other employee excluding additional payment for toxic working environment.
• Other agreements: Write the rights and benefits that have not been in Labor Code in collective labor agreement or have been but have been more favor for employee. Ex: Execution, tourist, holiday execution and birthday present.
• To fulfill the works undertaken in labor contract.
• To comply with production and business orders, internal discipline and occupation safely regulations.
• Compensation for violating labor discipline and material liability.
• Other agreements:
Article 4: Obligations and rights of employer
• To ensure the employment and fully implement committed regulations in labor contract.
• To pay fully and on time remuneration and other fringe benefits of employee in accordance with labor contract, collective labor agreements (If any).
• To manage the employee to fulfill the works in accordance with labor contract (assign, appoint, postpone…)
• To postpone, terminate the labor contract, penalty the employee in accordance with the law, collective labor agreement (if any) and internal labor regulations of enterprises.
Article 5: Implementation provisions of labor contract
• The problems concerning with labor is not defined in this labor contract shall be applied with provisions of collective labor agreement. In case of not having collective labor agreement shall be applied regulations of labor legislation.
• Labor contract is made in 02 copies of equal validity, each party keeps one copy and comes into force on date … month…year…. When both parties sign appendix of labor contract, the content of appendix shall be valued as the contents of this labor contract.
This labor contract is made at ……. on date …. month ….year……
(Sign and write full name)
(Sign, stamp and write full name)
Source: Tommy Doan, hrvinet.com