Some enterprises often employ individuals to work for them as collaborators, and they also think that collaborators are not their employees. According to Article 13.1 of Labour Code 2019, if two parties agree on a contract with a different name but with the content showing paid work, salary and management, administration and supervision of one party, such contract is still considered a labour contract.[1] Therefore, on a case-by-case basis enterprise should consider an engagement in a labour contract with collaborators.
When entering into the labour contract with collaborators, an enterprise can choose the term of the labour contract with collaborators which can depend on the time they want to work with collaborators. Usually, the need to recruit collaborators often comes from short-term jobs, so the labour contract with collaborators may have a term of less than 01 to 36 months. In addition, the term of the labour contract with collaborators will also affect the obligation to pay compulsory insurance for employees. It should be noted that, when entering into the labour contract with collaborators, collaborators will be an employee of the enterprise and the enterprise must ensure the fulfilment of the enterprise’s obligations to those.
Because of the nature of a labour contract, the contents of the labour contract with collaborators will also have the same contents as a labour contract. Phuoc & Partners would like to introduce the basic templates of the labour contract in the book “Hard to find templates of Human Resource Relating to Labour Law” by Lawyer Nguyen Huu Phuoc on page 56, to support to ensure the interests of employers and employees when signing labour contracts.
Above is an overview article about the template of labour contract with collaborators by Phuoc & Partners. If you are having difficulty finding a lawyer to advise a resolution on dealing with breach of labour discipline in the form of labour contract with collaborators, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Intellectual Property, Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing Clients with optimal and effective legal service.
[1] Article 13.1 Labour Code 2019
