Seasonal labor contract is a term sometimes used, applied in documents, news, press information in the private sector. So, what is a seasonal labor contract under Vietnamese law?
The current regulations in the Labor Code 2019 do not have a term or regulations for a seasonal labor contract or a work-specific contract. This is because when drafting the revised Draft Labor Code, the drafting committee deleted the provision on the term seasonal labor contract specified in the Labor Code 2012.
The Labor Code 2012 stipulates that a labor contract must be concluded in one of the following categories: an indefinite term labor contract, a definite term labor contract, and a seasonal or work-specific labor contract with a term of less than 12 months.
Seasonal labor contract
The Labor Code 2012 has the following provisions on seasonal labor contracts:
- Not to enter into seasonal labor contracts or work-specific labor contract with a term of less than 12 months to do regular jobs for 12 months or more, except for temporary replacement of laborers to do military service, to take maternity leave, to fall ill, to have occupational accidents or to take other temporary leave of absence.
- For seasonal jobs or work-specific jobs with a term of less than 12 months, the group of employees may authorize one employee in the group to enter into a written labor contract. In this case, the labor contract has the same effect as it was signed seperately with each person.
- " Employees working under...
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