Based on the signed labor contract, employees have the basis to protect their legitimate rights when the employer does not properly fulfill contractual obligations, illegally fires employees, transfers them to inappropriate work, etc.
Don't bend the law
The 2019 Labor Code clearly stipulates: Labor relations (LHR) are social relations arising in the hiring, use of labor, and payment of wages between employees, employers, representative organizations of the parties, and competent state agencies. LHR includes: individual LHR and collective LHR (Clause 5, Article 3). At the same time, in Clause 1, Article 7, the 2019 Labor Code stipulates that LHR is established through dialogue, negotiation, and agreement on the principles of voluntariness, goodwill, equality, cooperation, and respect for each other's legitimate rights and interests.
Clause 2, Article 14 of the 2019 Labor Code stipulates that employers and employees may enter into verbal labor contracts for contracts with a term of less than one month, except in the following cases: for seasonal work, certain jobs with a term of less than 12 months; entering into labor contracts with people under 15 years old and their legal representatives; with employees who are domestic workers.
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| Lawyer Pham Dinh Duc ( Dong Nai Province Bar Association) advises employees (right) on their rights when signing a labor contract with an employer. Photo: D. Phu |
Therefore, for immediate benefits and lack of legal knowledge, employees easily accept the employer's proposal to enter into a verbal labor contract for regular work, but still do not violate the law.
Specifically, in the cases of Ms. NTA (residing in Long Khanh ward), Mr. MVS (residing in Trang Dai ward) and Mr. VVL (residing in Binh Phuoc ward), they entered into verbal labor contracts with their employers many times. Each time, they and their employers only entered into verbal contracts for a working period of less than one month. After the end of the first labor contract (working only 16-18 days), the above employees took a few days off, then waited until the following month (the first day of the month) to enter into a new verbal contract when they returned to work.
In this form, employees and employers still comply with the provisions of the 2019 Labor Code and its guiding documents. In particular, employers strictly comply with Clause 3, Article 168, Labor Code 2019 on paying amounts that employers do not have to pay, including: compulsory social insurance, health insurance, unemployment insurance to competent authorities, but must pay these amounts to employees at the same time as the salary payment period with a corresponding amount.
That is why, despite having worked for a very long time with the employer (total actual working time of over 2 years), employees like Ms. NTA, Mr. MVS and Mr. VVL were not signed a fixed-term or indefinite-term labor contract by the employer as prescribed in Article 14 of the 2019 Labor Code, until they quit their jobs. Therefore, during the entire working period until they quit, they still did not enjoy any policies. Although this is unfortunate for the employees, the employer has implemented it in accordance with the law.
“When an employer fires an employee, terminates the labor contract illegally, transfers the employee to another job, another location that is not suitable..., based on the labor contract previously signed with the employer, the employee has many solutions for the employer to adjust and remedy the situation such as: petitioning the employer, the trade union organization, the state labor management agency to intervene or filing a lawsuit in court” - said lawyer PHAM DINH DUC, Dong Nai Province Bar Association.
Benefits of signing a written employment contract
According to lawyer Vu Duc Hoa (Dong Nai Province Bar Association), when participating in labor relations and signing labor contracts, employees and employers must comply with and respect each other's rights and obligations, comply with and properly implement legal regulations on labor, social insurance, unemployment insurance, accidents, etc., then the rights of employees will be maximally guaranteed.
For example, when an employee is signed by an employer with an indefinite-term labor contract (a contract in which the two parties do not specify the term or the time of termination of the contract); or a fixed-term labor contract (a contract in which the two parties specify the term or the time of termination of the contract within a period not exceeding 36 months from the effective date of the contract), the employee is entitled to many benefits.
Specifically, when the labor contract is terminated for the following reasons: the signed labor contract has expired, the work under the labor contract has been completed, the two parties agree to terminate the labor contract, the employee unilaterally terminates the labor contract in accordance with the law... the employer is responsible for paying severance pay to the employee who has worked regularly for 12 months or more, with a half-month salary allowance for each year of work (Article 46, Labor Code 2019).
Employers pay unemployment benefits to employees who have worked regularly for them for 12 months or more and lose their jobs because the employer terminates the employment of the employee due to: changes in structure, technology or economic reasons; or division, separation, consolidation, merger; sale, lease, conversion of business type; transfer of ownership or right to use assets of the enterprise or cooperative; for each year of work, one month's salary is paid, but at least equal to 2 months' salary (Article 47, Labor Code 2019).
In addition, when the employer signs a labor contract with a fixed term or an indefinite term and the labor contract is terminated illegally, the employee has the right to file a lawsuit in court to request the employer to reinstate the employee, compensate for damages such as: mental damage, pay full salary during the period of not being able to work, pay all unpaid health insurance, social insurance, unemployment insurance, and work-related accident insurance for the employee...
“These are the legitimate and legal rights of employees when working with a written labor contract with the employer and are protected by law. In addition, employees are also entitled to retirement benefits when they reach the age and have paid social insurance; enjoy the following benefits: occupational accident insurance, maternity insurance, working in a arduous and toxic environment; annual leave, holidays, Tet... in accordance with the law" - lawyer Vu Duc Hoa shared more.
Doan Phu
Source: https://baodongnai.com.vn/tin-moi/202507/giao-ket-hop-dong-lao-dong-de-quyen-loi-duoc-dam-bao-69623d7/
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