Question: Hello, I need a legal advice about a a job offer I have from hanoi. There are a couple of things in the contract temple that makes me nervous .
First of all is about not paid extra hours and secondly is the termination of the contrat if I don’t feel confortable or too stressed working in that compañy. Here are the pieces of contract they sent me :
11 Working Time
11.1 The working time per week is 40 hours.
11.2 The Employee has been made aware that flexibility in working time (accommodate different clients and shifts) is required just as additional work and training activities can occur outside normal working hours. No additional salary will be retrieved for such activities as this has been incorporated into the ordinary salary payment. Work will also occur during evening time and occasionally during night shift and weekends.
8 Termination of Contract
8.1 The Company has the right to unilaterally terminate the Contract following cases regulated by Vietnamese Labour Law. In such case, the Company shall give 30 days written notice before the expected termination date. In case the Contract is terminated due to disciplinary measures, the notification period does not apply.
8.2 The Employee has the right to unilaterally terminate the Contract following cases regulated by Vietnamese Labour Law. In such case, the Employee is expected to give 60 days written notice before expected termination date. It is then up to the Company to decide whether the Company will maintain the Employee for the full 60-day period or the Company will release the Employee at an earlier date.
8.3 There will be a 3-month probation period during which both parties can terminate the contract with 14-days written notice. For the probation period, a separate probation contract will be signed with the same salary and benefits as set forward in this Contract. Let me know If you can help me with that from the distance
Answer: This is reference to your mail below.
Regarding to your question please find our comments here under: Vietnam Labour Code stipulates the working time, termination of employment contract and probationary period as follows:
1. About working time – Normal working hours shall not exceed 08 hours per day or 48 hours per week. – Working hours at night is the period from 22 pm to 06 am. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
– Overtime work is the duration of work performed at any other time than during normal working hours. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows: (i) on normal days: at least 150%; (ii) on weekly days off: at least 200%; (iii) during public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or paid leave for employees receiving daily salaries.
– Weekly breaks: Each week an employee is entitled to a break of at least 24 consecutive hours. The employer has the right to determine and schedule the weekly breaks either on Sunday or for another fixed day in a week.
2. Termination of Contract
– An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices the employee in advance: + at least 45 days in case of an indefinite-term employment contract; + at least 30 days in case of an employment contract with a fixed term of 12 – 36 months; + at least 03 working days in case of an employment contract with a fixed term of under 12 months;
– When unilaterally terminating the employment contract, the employer shall inform the employee in advance: + at least 45 days in case of an indefinite-term employment contract; + at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
– When unilaterally terminating the employment contract in the following cases, the employer is not required to inform the employee in advance, including:
+ The employee is not present at the workplace after expiry of the temporary suspension of the employment contract;
+ The employee quits his/her fails to go to work without acceptable excuses for at least 05 consecutive working days;
3. Probationary period The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job.
Only one probationary period is allowed for a job and probation shall not exceed:
+ 180 days for the position of enterprise executive;
+ 60 days for positions that require a junior college degree or above;
+ 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;
+ 06 working days for other jobs. We hope that the above information is useful to you.
In case you decide to go to Vietnam for work ,we can support you to review the Employment Contract in order to best protect the rights and interests of Client under Vietnam Law.
If you need further support, please do not hesitate to contact us.