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FROM JANUARY 01, 2021, SEASONAL LABOR CONTRACT IS NO LONGER IN USED

This is one of the new contents of the Labor Code No. 45/2019/QH14 which is passed by the National Assembly on November 20, 2019.

 

Specifically, as in the 2012 Labor Code, there are 03 types of labor contract, include: Indefinite-term labor contract; Definite-term labor contract; A seasonal or work-specific labor contract that has a duration of under 12 months. Now, there are only 02 types of labor contract according to new provisions. From January 01, 2021, employer is not allowed to enter into the seasonal labor contract with employee.

On the other hand, this Code also regulates that the employee has a rights to unilaterally terminate the labor contract without reason, even in some specific cases, he/she may unilaterally terminate the labor contract without prior notice. To be specific: An employee is not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract; is not paid in full or on time or he/she is sexually harassed at the workplace...

Besides, this Code also raise the age of retirement in normal working conditions with male employees from 60 years old to 62 years old in 2028 and from 55 years old to 60 years old with female employees in 2035. Starting from 2021, the age of retirement for employees working in normal working conditions shall be at 60 years and 03 months of age for male employees and 55 years and 04 months of age for female employees.  The age of retirement shall increase by 03 months per year for male employees and by 04 months per year for female employees.

This Code takes effect on January 01, 2021.

 

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