Question:
As I understand, in Vietnam, a fixed-term labor contract for the third time must be converted into an indefinite-term labor contract. However, I am not sure if this regulation applies to foreign workers.
Answer:
According to Clause 2, Article 151 of the Labor Code 2019, the term of a labor contract for foreign workers must not exceed the duration of their work permit. This means that each labor contract must be established in accordance with the validity period of the work permit.
Additionally, although Vietnamese labor law stipulates that a fixed-term labor contract for the third consecutive time must be converted into an indefinite-term labor contract, this regulation does not apply to foreign workers. For foreign employees, employers and employees can sign multiple fixed-term contracts, as long as each contract complies with the duration of the work permit.
Therefore, after the completion of the upcoming 30-day contract, the client can continue to sign another fixed-term labor contract, ensuring that the contract duration matches the validity of the current work permit.
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