Can a contract appendix stipulate changes to the term of the employment contract?
(Baonghean.vn) - Question: Is the appendix to the labor contract as effective as the labor contract? My labor contract is signed for a term of 36 months. Now the company proposes to sign an appendix to convert it to an indefinite-term contract. Can the company supplement the change in the term of the labor contract with a contract appendix? What is the notice period before signing an appendix to amend or supplement the contract content?
Reply:
1. On the validity of the appendix to the labor contract
According to Article 22 of the 2019 Labor Code, the appendix to the labor contract is part of the labor contract and has the same effect as the contract.labor.
Thus, the appendix to the labor contract is an inseparable part of the labor contract, used to specify details or amend some terms in the labor contract.
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| Employees need to pay attention to the appendix when signing a labor contract. Illustration: Diep Thanh |
2. The content of the contract appendix must not modify the term of the labor contract.
- According to Article 22 of the 2019 Labor Code, in case the appendix to the labor contract specifies some terms and conditions of the labor contract that lead to a different understanding from the labor contract, the content of the labor contract shall apply.
- In case the appendix of the labor contract amends or supplements some articles and clauses of the labor contract, the content of the amended or supplemented articles and clauses and the effective date must be clearly stated.
-The appendix to the labor contract specifies, amends and supplements a number of articles and terms of the labor contract, but cannot amend the term of the labor contract.
Thus, in your case, changing the term of the labor contract from a 36-month term to an indefinite-term labor contract, the Company and you must sign a new labor contract, and not use the content of the change in the contract term in the appendix of the old contract.
3.Notice period before signing an appendix to amend or supplement the contract content
According to Article 33 of the 2019 Labor Code, there are regulations on amending and supplementing labor contracts as follows:
- During the implementation of the labor contract, if either party requests to amend or supplement the content of the labor contract, it must notify the other party at least 3 working days in advance of the content that needs to be amended or supplemented.
- Caseboth sides agreedIf so, the amendment or supplement to the content of the labor contract is carried out by signing an appendix to the labor contract or signing a new labor contract.
Thus, if signing an appendix to amend or supplement the content of the labor contract, 3 working days' notice must be given about the content that needs to be amended or supplemented.
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LEGAL POLICY AND LABOR RELATIONS DEPARTMENT
NGHE AN PROVINCE LABOR FEDERATION
(Tel:09 1974 2006;0375 037 037)
