Is it mandatory to sign a written employment contract❓❓❓
According to Clause 1, Article 13 of the Labor Code 2019, a labor contract is an agreement between an employee and an employer on paid employment, wages, working conditions, rights and obligations of each party in the employment relationship.Currently, according to the new provisions in Article 20 of this Code, there are two types of labor contracts:– Labor contract with indefinite term: A contract in which the two parties do not determine the term and the time of termination of the contract’s validity;
– Fixed-term labor contract: A contract in which the two parties determine a term, the time of termination shall not exceed 36 months from the date of entry into force of the contract.
Pursuant to Article 14 of the Labor Code 2019, an employment contract may exist in one of the following forms:– Written;
– The form of data messages through electronic means;
– By word of mouth.
Therefore, depending on the case, the employee and the employer can choose to enter into a contract in one of the three ways above.
However, according to the Labor Code 2019, a labor contract is required to be made in writing in the following cases:– Employing an employee under the age of 15: Must sign a written labor contract with a person under 15 years of age and his/her legal representative (point a, clause 1, Article 145 of the Labor Code 2019);
– Employing domestic workers (Clause 1, Article 162 of the Labor Code 2019);
– Sign a contract with a group of employees who do the job for less than 12 months through an authorized person (Clause 2, Article 18 of the Labor Code 2019)
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