If a labor contract expires without signing a new contract, how are the rights and obligations of the employee determined?

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Reply:

Article 20 of the 2019 Labor Code stipulates the types of labor contracts as follows:

1. An employment contract must be concluded in one of the following types:

a) An indefinite-term labor contract is a contract in which the two parties do not specify the term or the time of termination of the contract;

b) A fixed-term labor contract is a contract in which the two parties determine the term and the termination date of the contract within a period not exceeding 36 months from the effective date of the contract.

Employees must sign a new contract within 30 days of the expiration of the old contract. Illustration: Diep Thanh

2. When the labor contract specified in Point b Clause 1 above expires,workerIf you still want to work, do the following:

a) Within 30 days from the date of expiration of the labor contract, the two parties must sign a new labor contract; during the period when the new labor contract has not been signed, the rights, obligations and interests of the two parties shall be implemented according to the signed contract;

b) If the 30-day period from the date ofemployment contractIf the contract expires and the two parties do not sign a new labor contract, the contract signed under the provisions of Point b, Clause 1 of this Article becomes an indefinite-term labor contract;

c) In case the two parties sign a new labor contract with a fixed term, it can only be signed once more. After that, if the employee continues to work, an indefinite-term labor contract must be signed, except for labor contracts for people hired as directors in state-owned enterprises and specific cases such as: When employing elderly employees, the two parties can agree to sign multiple fixed-term labor contracts; the term of the labor contract for foreign employees working in Vietnam must not exceed the term of the Work Permit. When employing foreign employees working in Vietnam, the two parties can agree to sign multiple fixed-term labor contracts; the signed labor contract must be extended until the end of the term for employees who are members of the management board of the organization representing employees at the establishment who are in office but whose labor contract expires.

Thus, your rights and obligations will be exercised according to the above provisions.