Insurance

Regulations on Seasonal Labor Contracts and 2018 Seasonal Labor Contract Template

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Seasonal labor is quite common in businesses today. This article will present in detail the subjects, conditions, forms, terms, and regulations related to seasonal contracts so that businesses can better understand them.

Index

  1. Subjects and conditions for signing seasonal labor contracts
  2. Form of seasonal contract
  3. Term of the seasonal labor contract
  4. Social insurance regulations for seasonal labor contracts
  5. Employee unilaterally terminates seasonal labor contract
  6. The employer unilaterally terminates the seasonal labor contract.
  7. Sample seasonal labor contract
  8. Subjects and conditions for signing seasonal labor contracts

A seasonal labor contract is an agreement between an employer and an employee on seasonal paid work or certain work with a term of less than 12 months, irregular nature, working conditions, rights and obligations of each party in the labor relationship.

  1. Form of seasonal contract

According to Labor Law No. 10/2012/QH13, Article 16 stipulates the form of contract as follows:

“1. The labor contract must be concluded in writing and made in 02 copies, the employee keeps 01 copy, the employer keeps 01 copy, except for the case specified in Clause 2 of this Article.

For temporary work with a term of less than 03 months, the parties may enter into a verbal labor contract.”

Thus, for seasonal work with a duration of less than 3 months, the parties can enter into an oral contract. For work with a duration of 3 months, the contract must be made in writing.

Note: According to regulations, for labor contracts under 3 months, the parties can enter into an oral contract. However, in order to have documents to explain to the tax authorities about this salary payment, the enterprise should enter into a written contract.

  1. Term of the seasonal labor contract

The enterprise must sign a new contract within 30 days from the expiration of the seasonal labor contract, otherwise the seasonal labor contract will become a fixed-term labor contract with a term of 24 months.

  1. Social insurance regulations for seasonal labor contracts

Pursuant to Point a, b Clause 1 Article 2 of the Law on Social Insurance 2014, subjects participating in compulsory social insurance include:

– People working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts or labor contracts for a specific job with a term of 3 to 12 months, including labor contracts signed between the employer and the legal representative of a person under 15 years old according to the provisions of labor law.

– People working under seasonal labor contracts with a term from 1 full month to less than 3 months.

Therefore, from January 1, 2018, employees working under seasonal labor contracts for 1 month or more must also participate in compulsory social insurance according to the provisions of the law on insurance.

  1. Employee unilaterally terminates seasonal labor contract

Pursuant to Article 37 of the 2012 Labor Code, employees working under a seasonal labor contract when unilaterally terminating the labor contract must notify the employer in advance when leaving work before the term in the labor contract. Depending on each case, the employee must notify the employer in advance of the prescribed period.

– At least 3 working days in the following cases: Not being assigned to the correct job, work location or not being guaranteed working conditions as agreed in the Labor Contract; not being paid in full or not being paid on time as agreed in the Labor Contract; being abused, sexually harassed, forced to work; being sick or having an accident and having been treated for ¼ of the contract term but the ability to work has not been restored.

– At least 03 working days in the following cases: The employee or his/her family is in difficult circumstances and cannot continue to perform the Labor Contract, is elected to a full-time position in an elected body or is appointed to a position in the state apparatus.

– In case a pregnant female employee must take leave from work as prescribed by a competent medical examination and treatment facility, the period of advance notice to the employer depends on the period of time prescribed by the competent medical examination and treatment facility.

  1. The employer unilaterally terminates the seasonal labor contract.

If an employer unilaterally terminates an employment contract before its expiry date, the employer must notify the employee at least 3 working days in advance.

  1. Sample seasonal labor contract

SEASONAL LABOR CONTRACT

No: ……………/Labor Contract/20….

 

We, on one side, are Mr./Ms . PHAM THAI PHONG ; Nationality: Vietnam.
Position: Director

Represented by: ACCOUNTING COMPANY fdiinvietnam.com
Address:  55 Nguyen Xi, Ward 26, Binh Thanh District, Ho Chi Minh City

Tax code: 0313238628

Account number: …………………………………………………………………………………………………….

And one side is Mr./Mrs . NGUYEN HOANG TU ; Nationality: Vietnam.
Born on January 12, 1990 at: Long An Hospital

Permanent address: 180 Nguyen Huu Canh, Ward 22, Binh Thanh District
ID card number: 024701447 issued on November 2, 2009 in Ho Chi Minh City

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

Article 1: Contract term and work 

  1. Type of labor contract: 2-month temporary.
  2. From June 1, 2018 to July 30, 2018
  3. Working location: 55 Nguyen Xi, Ward 26, Binh Thanh District, Ho Chi Minh City
  4. Professional title: Delivery
  5. Position (if any): …………………………………………………………………………………
  6. Job to do: Delivery

Article 2: Working mode:

  1. Working hours:(1)4 hours/day
  2. Provided with working tools including: Based on actual work.

Article 3: Obligations and rights of employees:

  1. Benefits :
  2. a) Means of transportation to work: Self-sufficient
  3. b) Basic salary or wages:(2)1,900,000 VND/month (including social insurance and health insurance).
  4. c) Payment method: Cash or bank transfer.
  5. d) Allowances include: none
  6. e) Salary: on the 10th of every month
  7. f) Bonus: According to the company’s financial situation.
  8. g) Salary increase: Depends on each person’s performance.
  9. h) Rest regime (weekly leave, annual leave, holidays, etc.): 4 days off per month.
  10. i) Social insurance and health insurance:(3)…………………………………………………………………..
  11. k) Training regime: …………………………………………………………………………………………..
  12. l) Other agreements: …………………………………………………………………………………
  13. Obligations: 
  14. a) Complete the work committed in the labor contract.
  15. b) Comply with production and business management orders, labor discipline regulations, and labor safety.
  16. c) Compensation for violations and material: ……………………………………………………………………..

Article 4. Obligations and rights of employers

  1. Obligations:
  2. a) Ensure employment and fully implement the commitments in the labor contract.
  3. b) Pay fully and on time the regimes and benefits for employees according to the labor contract and collective labor agreement (if any).
  4. Authority:
  5. a) Manage employees to complete work according to the contract (arrange, transfer, suspend work, etc.).
  6. b) Suspend, terminate labor contracts, discipline employees according to the provisions of law, collective labor agreements (if any) and labor regulations of the enterprise.

Article 5. Contract termination clause:

  1. Termination in case of contract expiration;
  2. Termination before the term;
  3. Unilateral termination of contract.

Article 6. Implementation provisions

  1. Labor issues not specified in this labor contract shall be subject to the provisions of the collective agreement. In cases where there is no collective agreement, the provisions of labor law shall be subject to the provisions of the labor law .
  2. The labor contract is made into 02 copies of equal value, each party keepsone copy and is effective from June 2018. When the two parties sign the labor contract appendix, the content of the labor contract appendix is ​​also of the same value as the content of this labor contract.

This contract is made at the office of fdiinvietnam.com Accounting Company on June 1, 2018.

                                    EMPLOYEE EMPLOYER      

                 (Sign, full name) (Sign, full name, seal)

– Normal working hours do not exceed 08 hours in 01 day and 48 hours in 01 week

– Working hours shall not exceed 06 hours per day for those doing particularly heavy, toxic, or dangerous work according to the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.

– Salary includes salary according to job or position, salary allowance and other supplements.

– The employee’s salary must not be lower than the minimum wage prescribed by the Government.

(3 For seasonal contracts, social insurance and health insurance are usually added to the salary.

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