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The Labour Code 1994

Chapter IV - The labor contract

Article 26

The labor contract is an agreement between the employee and the employer have paid employment, working conditions, rights and obligations of each party in labor relations.

Article 27

1. The labor contract must be made in one of the following categories:

a) labor contract with indefinite term;

b) The labor contract indefinite term from one year to three years;

c) The contract or seasonal workers in a certain job

less than one year.

2. Do not be entering into contracts or seasonal workers in a certain job for less than a year to do the work of regular nature of one year or more, except for cases of temporary replacement laborers to do military service, is entitled to statutory maternity or quitting other temporary nature.

Article 28

The labor contract was signed in writing and must be made in two copies, each party keeps one copy. For some jobs with temporary nature which lasts less than three months or for family helpers, the parties may be verbal. In the case of an oral agreement, of course, the parties must comply with the provisions of the labor law.

Article 29

1. The labor contract must contain the following key: to-do, working time, rest time, salary, location work, duration of contracts, occupational safety conditions work, occupational health and social insurance for employees.

2. In the case of part or all of the contents of labor contracts stipulated the rights of workers is lower than specified in the labor legislation, collective labor agreements, labor regulations are applied in businesses or limit other rights of employees, part or the entire contents of which must be amended and supplemented.

3. In case of detection of labor contracts have stipulations in paragraph 2 of this Article, the labor inspector guidance for the amendment and supplement accordingly. If the parties fail to amend and supplement the labor inspectors have the authority to revoke such content.

Article 30

1. Labor contracts are concluded directly between the employee and the employer.

2. The labor contract can be signed between the employer for legitimate authorized person on behalf of the group of employees; in this case the effective contracts as signed with each person.

3. The employee may assign to one or more of the labor contract, with one or more employers, but to ensure the full implementation of the signed contract.

4. The work under a labor contract by the contractor to perform, not assigned to another person, without the consent of the employer.

Article 31

In case of a merger, corporate split, transfer of ownership, the management or the right to use the assets of the enterprise, the employer shall be liable successive continue to implement the labor contract with labor until both parties agree to amend, terminate labor contracts or contracting new workers.

Article 32

Employers and employees agree on the probation, the probation period, the rights and obligations of both parties. Wages of workers in probationary period must be at least 70% of the normal wage for the job. The probation period may not exceed 60 days for professional and technical workers high and may not exceed 30 days for other workers.

During the probation period, either party may cancel the agreement on probation without notice and without compensation if the work performed is not satisfactory, but the two sides agreed. If the probation unsatisfactory, the employer must recognize the employees to work officially as agreed.

Article 33

The labor contract takes effect from the date of signing or the date agreed upon by both parties.

In the process of implementation of the labor contract, if any party has requested to change the contents of the contract, must notify the other party at least three days. Changing the content of labor contracts can be carried out by amending and supplementing the labor contract already signed or entered into a new labor contract.

Article 34

1. When encountering unexpected difficulties or production demand, traders, employers are entitled to temporarily transfer the employee to another job profession, but not more than 60 days in a year.

2. When the temporary transfer of a worker to another job, the employer must notify the employee at least three days in advance, must indicate the duration of temporary work and work arrangements suitable for power health and sex of workers.

3. An employee temporarily to another job under the provisions of paragraph 1 of this Article, be paid according to the new job; if the salary of new jobs are lower than previous wage stays the previous wage for a period of 30 working days. The salary of the new job must be at least 70% of the previous wage, but not less than the minimum wage prescribed by the State.

Article 35

1. The labor contract was temporarily suspended in the following cases:

a) The workers of military service or other civic obligations prescribed by law;

b) An employee is in custody or detention;

c) Other cases to be mutually agreed upon.

2. After the postponement of the labor contract for the cases provided for in points a and c, Clause 1 of this Article, the employer must get workers back to work.

3- The worker back in custody, detention postponement of the time when the labor contract prescribed by the Government.

Article 36

Labor contracts terminated in the following circumstances:

1. Contract Expires;

2. Completed the work under the contract;

3. The two parties agree to terminate the contract;

4. An employee was sentenced to jail or banned from doing the old job as decided by the Court;

5. The employee dies; disappearance of a declaration by the Court.

Article 37

1. Employees working under labor contracts with indefinite terms from one year to three years, labor contracts for seasonal work or in a certain period of less than one year may unilaterally terminate contract ahead of time in the following cases:

a) Do not be arranged in the right job, place of work or not guaranteed the working conditions agreed in the contract;

b) not fully paid or not paid on time under the contract;

c) maltreated; forced labor;

d) itself or the family really difficult circumstances can not continue to perform the contract;

e) They are elected to full-time positions in the elected bodies or are appointed to positions in the State apparatus;

e) A female employee is pregnant and must stop working by the physician.

2. When unilaterally terminating the labor contract as stipulated in paragraph 1 of this Article, the employee must notify the employer in advance:

a) For the case provided for in points a, b and c: at least three days;

b) For the case provided for in point d and e: at least thirty days if the contract defining the term from one year to three years; at least three days if the contract for seasonal work or in a certain period of less than one year;

c) For the case provided for in point e the time limit prescribed in Article 112 of this Code.

3. An employee labor contracts do not specify the time limit may unilaterally terminate the labor contract, but must notify the employer at least 45 days in advance.

Article 38

1. An employer may unilaterally terminate the labor contract in the following cases:

a) Employees often do not complete the work under the contract;

b) The employee is disciplined dismissed under the provisions of Article 85 of this law;

c) An employee who works under the labor contract does not specify the duration of illness was treated for 12 consecutive months, workers follow the labor contract indefinite term sickness were treated for six consecutive months and workers follow labor contract less than one year has treated illness than half the duration of labor contracts, labor that possibility has not recovered. When workers' health recovered, they shall be considered for the conclusion of labor contracts;

d) Due to natural disasters, fires or other force majeure reasons that the employer has made every effort to remedy but still forced to downscale production and cut jobs;

e) enterprises, agencies and organizations active termination.

2. Prior to unilaterally terminate labor contracts according to Points a, b and c, Clause 1 of this Article, the employer must consult and agree with the Executive Committee of the local trade union. In case of disagreement, the two parties must be reported to the agency, the competent institution. After 30 days from the date of notification to the labor office, the employer has the right to decide and take responsibility for their decisions. In case of disagreement with the decision of the employer, the union executive committee and employee base have the right to request the settlement of labor disputes in the order prescribed by law.

3. When unilaterally terminate the labor contract, unless otherwise stipulated in Clause 1 of this Article, the employer must notify employees in advance:

a) at least 45 days for a labor contract with indefinite term;

b) at least 30 days for labor contracts with indefinite terms from one year to three years;

c) at least three days for contracts for seasonal workers, according to a certain job that lasts less than one year.

Article 39

The employer shall not unilaterally terminate the labor contract in the following cases:

1. An employee illness or occupational accidents and occupational diseases are treated, nursing as decided by the physician, except as provided in subparagraph c and e, Clause 1 of Article 38 of this Code;

2. An employee is on annual leave, leave for personal matters and other absences employers who allow;

3. The employee is a woman in the case specified in Clause 3 of Article 111 of this Code.

Article 40

Each party may renounce the unilateral termination of the labor contract before the expiration of the notice period. Upon expiry of the notice period, either party may terminate the labor contract.

Article 41

1. In cases where the employer unilaterally terminates a labor contract contrary to law, workers must get back to work and compensate an amount corresponding to the salary of the day laborers are not working. In case the employee does not want to return to work, in addition to compensation amount corresponding to the salary of the working day, employees are receiving benefits under the provisions of Clause 1 of Article 42 of the this law.

2. Where the laborers unilaterally terminate labor contracts are not contrary to law, severance allowances.

3. Where laborers unilaterally terminate labor contracts, pay compensation training expenses if any, prescribed by the Government.

4. In the event of unilateral termination of the labor contract if they violate the provisions of the notice period, the offending party to pay compensation to the other party an amount corresponding to the wages of workers in the days notice before.

Article 42

1. Upon termination of labor contracts for workers have been working regularly in the enterprise, agency or organization for a year or more, the employer is responsible for severance allowances for each year work is half a month's salary, plus the allowances, if any.

2. Upon the termination of the labor contract as stipulated in points a and b, Clause 1 of Article 85 of this Code, the employee is not a severance allowance.

Article 43

Within seven days from the date of termination of the labor contract, both parties are responsible for the full payment of amounts related to the interests of each party; Special circumstances, may be extended but not more than 30 days.

In the case of businesses go bankrupt, amounts related to the rights of workers are paid according to the provisions of the Enterprise Bankruptcy Law.

Employers who stated reason for the termination of labor contracts in the labor book and responsible return of books for workers. In addition to the provisions in the labor book, the employer may not comment anything further obstacle for workers to find new jobs.



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