MUST-HAVE CONTENTS IN THE LABOUR CONTRACT WITH EMPLOYEES WHO ARE UNDER 15

1. Legal basis

- The Labor Code 2019.

- Circular No 09/2020/TT-BLDTBXH on elaborating some articles of the labor code on minor workers.

2. Overview on entering in contracts with employees who are under 15

According to Article 145 of The Labor Code 2019, when employing a person under 15, the employer shall: 

- Conclude a written contract with the employee and his/her legal representative;

- Arrange the working hours so as not to affect the employee’s study hours;

- Obtain the health certificate from a competent health facility which certifies that the employee’s health is suitable for the work assigned, and provide periodic health check-up for the employee at least once every 06 months;

- Ensure that the working conditions, occupational safety and health are suitable for the employee’s age.

In addition, an employer is only entitled to assign employees aged 13 to under 15 to do the light works specified as follow: sports and arts, provided they do not affect their development of their physical health, mental health and personality, and the employment is accepted by the provincial labor authority.

3. Must-have contents in contracts with employees who are under 15

According to Article 21 of The labor code 2019, a contract usually contains:

- The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;

- Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;

- The job and workplace;

- Duration of the employment contract;

- Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;

- Regimes for promotion and pay rise;

- Working hours, rest periods;

- Personal protective equipment for the employee;

- Social insurance, health insurance and unemployment insurance;

- Basic training and advanced training, occupational skill development.

In addition to the above contents, Article 4 of Circular 09/2020/TT-BLDTBXH also clearly states a number of other contents required to be included in labor contracts with employees under 15 years of age as follows:

- Full name; date of birth; sex; place of residence; phone number (if any); and identity card or passport number of the legal representative of the employee;

- Lodging (for employees working away from their family);

- How the employee's study is facilitated.

In addition, for employees under 13 years old, the labor contract is only effective after receiving written consent from the Department of Labor, War Invalids and Social Affairs as prescribed in Article 5 of Circular 09/2020/TT - MLD, Invalids and Social Affairs.

Thus, the above article has analyzed the provisions of labor law on entering into contracts with workers under 15 years old in general as well as the specific content of this type of labor contract in particular.

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For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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Attention: This legal update is not an advice and should not be treated as such.