ONLY SIGN A WRITTEN LABOR CONTRACT FOR PEOPLE UNDER 15 YEARS OLD

I. Legal basis

- The Labor Code 2019

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

II. Form of entering into contracts with workers under 15 years old

1. Conditions for using employees under 15 years old

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

- Employees under 15 years old are only allowed to do light jobs specified in Appendix II of Circular 09/2020/TT-BLDTBXH

2. Form of entering into contracts with workers under 15 years old

Labor contracts concluded with workers under 15 years of age must be in written form including the basic contents of a labor contract and special contents specifically for workers under 15 years of age. Specifically, labor contracts with people under 15 years old often include:

- 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.

- 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.

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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.