Can an employee sign multiple indefinite-term labor contracts?

Mr. DTM (Vinh City)

Reply:

Is it possible for an employee to sign multiple indefinite-term labor contracts with multiple employers?

Pursuant to Article 20, the 2019 Labor Code stipulates the types of Labor Contracts as follows:

Type of Labor Contract:

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.

...

At the same time, Article 19 of the 2019 Labor Code stipulates the signing of multiple labor contracts as follows:

Signing multiple labor contracts:

1. Employees can sign multiple labor contracts with multiple employers but must ensure full implementation of the signed contents.

2. Employees who simultaneously sign multiple labor contracts with multiple employers shall participate in social insurance, health insurance, and unemployment insurance in accordance with the provisions of the law on social insurance, health insurance, unemployment insurance, and occupational safety and hygiene.

Thus, according to the above regulations, employees are allowed to sign multiple indefinite-term labor contracts with multiple employers but must ensure full implementation of the agreed contents.

What content must an indefinite-term labor contract have?

Accordingly, based on Article 21 of the 2019 Labor Code, an indefinite-term labor contract must have the following contents:

(1) Name and address of the employer and full name and title of the person signing the labor contract on the employer's side;

(2) Full name, date of birth, gender, place of residence, ID card number, or passport number of the person signing the labor contract on the employee's side;

(3) Job and workplace;

(4) Term of employment contract;

(5) Salary according to job or position, form of salary payment, salary payment period, salary allowances and other supplements;

(6) Promotion and salary increase regime;

(7) Working hours, rest hours;

(8) Provide labor protection equipment for workers;

(9) Social insurance, health insurance and unemployment insurance;

(10) Training, fostering, improving professional qualifications and skills.

Note:

- When an employee performs work directly related to business secrets or technological secrets as prescribed by law, the employer has the right to reach a written agreement with the employee on the content and duration of protection of business secrets or technological secrets, rights and compensation in case of violation.

- For employees working in the fields of agriculture, forestry, fishery, and salt production, depending on the type of work, the two parties can reduce some of the main contents of the labor contract and agree to add content on settlement methods in real cases./.