On November 20, 2019, the National Assembly issued the Labor Code No. 45/2019/QH14 effective from January 1, 2021. The Labor Code No. 10/2012 / QH13 will expire from the effective date of this Labor Code. From the effective date of this Code, the labor contract, collective labor agreement, legal agreements entered into contain contents that are not contrary to or guarantee the employees the right and more favorable than the provisions of this Code shall be continued to perform, unless the parties have agreed on amendments and supplements to suit and apply the provisions of this Code.
According to the Labor Code No. 45/2019 / QH14, there are some noticeable points for employer and employee as follows:
1. Employment contract: The provisions of Article 13 supplement cases where it is considered a labor contract:
2. Forms of employment contracts: the provisions of Article 14 supplementing labor contracts concluded electronically and modifying the conclusion of verbal labor contracts:
3. Prohibited acts of employers when signing and implementing employment contracts: the provisions of Article 17 supplementing prohibited acts:
4. Types of employment contract: the provisions of Article 20 remove the provisions on seasonal labor contracts or a specific job with a term of less than 12 months.
5. Duration of probation: Article 24 and 25 supplements the probationary period for the enterprise manager:
6. Assigning employees to perform a work which is not prescribed in the employment contracts: Article 29 supplements a number of contents:
7. Temporary suspension of employment contracts: Article 30 supplemented a number of cases:
8. Employee’s unilateral termination of the employment contract: The provisions of Article 35 amends the case where the employee has the right to unilaterally terminate the labor contract without reason just by meeting the notice time. In addition, the provisions on cases where the employee has the right to unilaterally terminate the labor contract without prior notice in one of the following cases:
9. The employer’s unilateral termination the employment contract: Article 36 supplements the following:
10. Issues for dialogue at the workplace: Article 63 supplements the provision that employers must organize dialogues at the workplace at least once a year.
11. Salary payment principles: Provisions in Article 94 additional cases:
12. Wage payment: Article 95 supplements the following:
13. Methods of wage payment: The provisions of Article 96 adjusts the case that the employee's personal account is opened at the bank, the employer must pay fees related to the account opening and remittance.
14. Bonuses: Article 104 supplementing the form of reward with properties or other forms.
15. Overtime work: The provisions of Article 107 adjusts to increase the number of overtime hours in a month to not more than 40 hours.
16. Public and New Year holidays: The provisions of Article 112 increase the national holiday time to 2 days (September 2 of the calendar year and one day immediately preceding or after).
17. Employing elderly workers: The provisions of Article 149 allow the two parties to agree to enter into several definite-term labor contracts.
18. Age of retirement: The provisions of Article 169 govern the retirement age as follows: