How to write a labor contract


The form of employment contract is used regularly in any enterprise, the agreement between the employee and the employer. Let’s see how to write a labor contract below so that you can create a complete and standardized labor contract template.


You are a new staff member, you are assigned to write a labor contract but you do not know how to write so that the agreement and the agreement between the employee and the employer is effective, proper procedures . The following article, Taimienphi.vn will share with you how to write the most complete labor contract.

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1. The main contents of the labor contract

The labor contract includes the following main contents:

– Name and address of the enterprise (the employer)
– Information of the employee such as full name, identity card number, gender, address, date of birth.
– Term and contract work
– Working mode
– Obligations, rights and benefits that employees are entitled to
– Obligations and rights of the employer

2. Form of labor contract

* Probationary contract form

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CO., LTD …………. VIETNAM SOCIALIST REPUBLIC

Số: 05 / HĐLĐ Independence – Freedom – Happiness

——————–

TRIAL LABOR CONTRACT

PARTY USERS LABOR :

Co., Ltd……………………………………….. ………………………….
Representative is: …………………… Position: is the legal representative of the company.
Address : ……………………………………….. ………………………………….
Phone: …………………….. Email: ………………. ………………………….

PARTY WORKERS :

Grandparents :………………………………………. …………………………………
Date of birth :……………………………………….. …
Address :……………………………………….. ………………………………….
ID number:……………………………………….. …

Agreement to sign a labor contract and commit to comply with the following terms:

Article 1: Contract duration and work

– Type of employment contract: Defining term, starting from ……… to the end of ……………….

– Working location: working regularly at the company office. In addition, it is possible to work at other locations as required by the Head of Department / Director to handle assigned tasks.

– Professional titles: …………….

– To-do tasks: Details are specified in the “Job description or” Terms of assignment for each position.

Article 2: Working regime

– Working time: 6 days a week; 8 hours / day (48 hours / week). Also, in some specific cases, it may be required to work overtime or on holidays as required by the job.

– Allocated working tools: depending on the needs of the job.

Article 3: Obligations and rights of employees

1. Interests

– Vehicles of work: Individual self-sufficient
– Main salary or wage: 4,012,500 VND / month
– Allowance includes: Depending on the job position, the employee is entitled to the following allowances:
+ Meal allowance: ……………. VND / month
+ Petrol allowance: ………….. VND / month
+ Telephone allowance: ………… VND / month
– Form of payment: Payment by cash or bank transfer.
– To be paid once a month at the end of the month (at the latest within the next 10 months).
– Bonus: according to the company’s regulations.
– Salary raising regime: according to the company’s regulations.
– Labor protection equipment: depending on the job, according to the provisions of the Labor Law.
– Rest regime: in accordance with the Labor Law.
– Social Insurance and Health Insurance: in accordance with the Law on Social Insurance and Social Insurance
– Personal Income Tax: the salary includes Personal Income Tax. EMPLOYEE must pay PIT in accordance with the law.
– Training regime: According to a separate agreement between the two parties (if any) which is not contrary to the Labor Law.
– Other agreements.

+ The employee has the right to unilaterally terminate the labor contract as prescribed in the Labor Law and the guiding documents of the State management agency on labor but must notify the employer at least 30 (Thirty days) and hand over all documents and works that are done to the person appointed by the Company to hand over. In case the employee violates the provision of notice, fails to hand over it, he / she must take responsibility and make compensation as prescribed.

2. Obligations.

– Complete the work committed in the labor contract.

– Comply with executive orders of production – business, internal rules, labor discipline, labor safety.

– Commitment to privacy of the following information:

+ Supply or work (indirectly or directly) to any other competitors of the Company (as defined by the Board of Directors) or any of its subsidiaries, affiliates or branches. competitors.

+ Abusing or disclosing to any person or a group of people confidential information of the company or business secrets of the company.

– Compensation for violations and material: According to the Labor Code and the Company’s regulations.

Article 4: Obligations and rights of the employer

1. Obligations:

– Ensuring employment and fully implementing the commitments in the labor contract

– Pay fully and on time the regimes and benefits for employees according to the labor contracts and collective labor agreements (if any).

2. Authority

– Operating the workers to complete the work under the contract.
– Transferring, arranging, rearranging jobs in accordance with the trained expertise or the labor demand of the company.
– Unilaterally terminate the labor contract and discipline the employee in the following cases:

+ The employee does not complete the assigned work on schedule but does not make any effort, tries to overcome it, has an attitude of opposition, intentionally delaying …
+ Disclosure of business information of the company without the approval of the company director.
+ The employee seriously violates the company’s internal rules, labor regulations and labor discipline.
+ The employee lacks sense of responsibility in the work causing damage to the company.
+ Other cases as prescribed by the Labor Law.

– Having the right to fine and request workers to pay compensation when discipline violations cause damage to the company;
– Having the right to postpone the labor contract so that the employee can remedy his / her post-employment errors but the severity is not serious enough to the extent of termination of the labor contract.

Article 5: Implementing Provisions.

– For labor issues not stated in this labor contract, the provisions of the collective agreement shall apply; in the absence of a collective agreement, the provisions of the labor law shall apply.

– The labor contract is made in 02 copies with equal value, the employee keeps 01 copy and takes effect from the date of signing. When the two parties sign the labor contract annex, the content of the labor contract annex is also valid as the contents of this labor contract.

This contract is signed on ………… and takes effect from the signing date.

EMPLOYEE EMPLOYEE

(Sign, clearly state full name) (Sign and clearly state full name, stamp)

* Form labor contract No. 1

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SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

……………, day month Year……

LABOR CONTRACT

We, on the one hand, are Mr./Ms.: …………………………………. ………………..
Position:……………………………………….. ………………………………….
Represent ……………………………………….. …………………………….
Address:……………………………………….. ……. Phone:………………..
And one side is Mr./Ms.: … ………………………
Date of birth: ……………. month …………. year …………. At :. ……………………….
Job:……………………………………….. …………………………….
Permanent address:……………………………………… …………………………
ID card number: … issued date … …… / ………. / ………..
Number of labor books (if any): …………………….. issued on ………… / ………. / ………..

Agreement to sign a labor contract and commit to strictly comply with the following terms:

Article 1: Term and contract work

– Mr., Mrs. ……………… working under the type of labor contract ……………….. ………………. from date …… month …… year ……. to date …… .may………..

– Probation from date ……. month …….. year …….. to date ……. month …… year … …

– Work location:…………………………………….. …………………………

– Position:………………………………………. ………………………………….

– Work to do:…………………………………….. ………………………..

Article 2: Working regime

– Working time: …………………………………. ………………………………

– Allocating working tools, including: ………………………………… …..

– Occupational safety and hygiene conditions at the workplace according to current regulations of the State.

Article 3: Obligations, rights and interests of employees are as follows:

1 – Obligations:

At work, under the direct management of his / her grandmother: …………………………

Complete the work in the labor contract.

Strictly abide by the internal rules and regulations of the unit, labor discipline, labor safety and the provisions of the collective labor agreement.

2 – Authority:

Having the right to propose, complain, change, suspend or terminate the labor contract in accordance with the current labor law.

3 – Benefits:

– Transportation:…………………………………… …………………
– Main salary or wages: …………………………………… ……………
Paid ………. times on ………… and ………… monthly.
– Allowance include:
………………………………………….. ………………………………………….. ………………….
– Equipped with labor protection equipment, including:
………………………………………….. ………………………………………….. ……………………
– Number of annual paid leave days (public holidays, holidays, personal affairs):
………………………………………….. ………………………………………….. ……………………
– Social insurance:
………………………………………….. ………………………………………….. …………………….
– Enjoy benefits:
………………………………………….. ………………………………………….. ……………………
– Enjoy bonuses, pay raise, professional fostering, performance of scientific and technological cooperation tasks with units at home or abroad:
………………………………………….. ………………………………………….. …………………….
– To enjoy the regime of stopping the job severance allowances, compensation as prescribed by the labor law

Article 4: Obligations and rights of the employer

1 – Obligations: Fully fulfilling the necessary conditions as committed in the labor contract for the employee to work effectively. Ensuring employment for workers under signed contracts. Full and definitive payment of regimes and benefits of employees committed in labor contracts.

2 – Authority:

Having the right to temporarily transfer employees, suspend jobs, change, suspend, terminate labor contracts and apply disciplinary measures according to the provisions of law (the current Labor Code)

Article 5: General provisions:

1 – Other agreements:

………………………………………….. ………………………………………….. ……………………..

2 – The labor contract is valid

From date …….. month ……….. year ……….. to date …………. month ……….year………….

Article 6: This labor contract is made in 02 copies:

– 01 copy is kept by the employee.

– 01 copy kept by the employer.

Work at:……………………………………….. ..

Employee Employer

(Sign) (Sign and seal)

* Form labor contract No. 2

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SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

——————

No .: …………………… ……….., date …… month …. ..year……

LABOR CONTRACT

We, on the one hand, are Mr./Ms.: …………………………………. …………Nationality:………………….
Position:……………………………………….. ………………………………………….. ……………………
Representing (1): ……………………………………. ………….Phone:……………………………. …
Address:……………………………………….. ………………………………………….. ……………………..
And one side is Mr./Ms.: … …………………..Nationality:…………………
Date of birth:……………………………………….. ..In:………………………………………. ………………
Occupation (2): …………………………………….. ………………………………………….. ……………..
Permanent address:……………………………………… ………………………………………….. …………
ID card number: ……………………………… Issued on: …….. ……………………………….In:……….. …..
Number of labor books (if any): …………………… Issued date: ………….. ………In……………………………

Agreement to sign a labor contract and commit to strictly comply with the following terms:

Article 1: Term and contract work

Type of employment contract (3): ………………………………….. ………………………………………

From date …. month …. year …. to date …. month …. year ……

Probation from date …. month …. year …. to date …. month …. year ……

Place of work (4): …………………………………… ………………………………………….. ..

Professional titles: ……………………………………… Position (if any): ………………

Work to be done (5): …………………………………… ………………………………………….. .

Article 2: Working regime

Working time (6): …………………………………… ………………………………………….. …

Allocated working tools, including: …………………………………. ………………..

Article 3: Obligations and rights of employees

1. Benefits:

Working vehicles (7): …………………………………. ……………………………………
Main salary or wages (8): …………………………………. …………………………….
Pay forms:……………………………………… ………………………………………….. ..
Allowance includes (9): ……………………………………. ………………………………………….. ………
Paid on days: …………………… …………………. Monthly.
Bonus:……………………………………….. ………………………………………….. ………..
Regime of wage increase:……………………………………… ………………………………………….. …
Equipped with labor protection equipment, including: ………………………………….. …………………………….
Rest regime (weekly rest, annual leave, New Year holidays …): …………………………. ………………
Social insurance and health insurance (10): … …
Training regime (11): …………………………………… ………………………………………….. …….
Other agreements (12): …………………………………… ………………………………………

2. Obligations:

Complete the work committed in the labor contract.

Compliance with executive orders of production – business, labor discipline rules, labor safety …

Compensation for violations and material matters (13): ………………………………… ………………………………

Article 4: Obligations and rights of the employer

1. Obligations:

Ensuring employment and fully implementing the commitments in the labor contract.

Full and timely payment of regimes and benefits to employees under labor contracts or collective labor agreements (if any).

2. Authority:

Operating the workers who complete the work according to the contract (arrangement, transfer, temporary suspension?)

Temporarily suspend or terminate the labor contract, discipline the employee in accordance with the law, collective labor agreement (if any) and labor regulations of the enterprise.

Article 5: Implementing Provisions

Regarding labor issues not stated in this labor contract, the provisions of the collective agreement shall apply; in the absence of a collective agreement, the provisions of the labor law shall apply.

The labor contract is made in 02 copies of equal validity, each party keeps one copy and takes effect from the date …. month …. year ….. When the two sides sign the contract annex For labor, the content of the labor contract annex is as valid as the contents of this labor contract.

This contract is done at …. date …. month …. year …..

EMPLOYEE EMPLOYEE

(Sign) (Sign and seal)

3. Instructions on how to write a labor contract

The employment contract is divided into 3 parts including employer information, employee information, and terms and conditions.

* Employer information section

– Section “Mr./Ms …… Nationality”: Enter the full name of the business representative and the nationality of the person signing the labor contract on behalf of the company leadership. If male, cross the word Ba or vice versa.
– Item “Position”: Write the position of the representative signing the contract.
– Section “Representing …. Phone number ….”: Write the name of the business according to the enterprise registration certificate and its number.
– Section “Address”: Write the address of the business in accordance with the business registration.

* Employee information section

– Section “Mr./Ms …. Nationality …..”: Write full name of employee and nationality of employee.
– Section “Date of birth …. at ….”: Write the date, month of birth of the employee and the place of birth according to the identity card.
– Category “Occupation”: Write a career name, such as marketing, salesman, logicstic.
– Section “Permanent address”: Write the permanent address of the employee.
– Section “ID card No …… issued date ….. at”: Write ID number, issue date and place of issue of employees. The old ID card number consists of 9 numbers, the new ID card number consists of 12 numbers.

* Terms of agreement between the two parties

– Set a working period, starting from which time to which time.

– The positions in company.

– List the rights and obligations of employees such as transportation, salary, allowances, payment form, insurance regime, training regime, and commitment to information security, refund success …

– List the obligations and rights of the employer.

https://thuthuat.taimienphi.vn/cach-viet-hop-dong-lao-dong-46944n.aspx
An employment contract is an agreement and binding between the employer and the employee on the job, the responsibility as well as the employer need to ensure the rights as agreed and signed in the contract. .

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