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INTRODUCTION Have you ever wondered about the terms in an employment contract? An employment contract is not just a piece of paper; it is also a tool to protect the rights of workers. Our presentation will help you better understand the importance of employment contracts and how to protect your rights. -What is an employment contract? An employment contract is an agreement between the employee and the employer, clearly outlining the rights and obligations of both parties during the course of work. This is an important legal document that protects the rights of workers and ensures stability in labor relations. An employment contract typically includes information such as: job responsibilities, working hours, salary, insurance benefits, leave policies, and regulations regarding contract termination. -Why is an employment contract important? Protecting rights: Contracts help workers enjoy all the benefits as stipulated by law. Resolving disputes: The contract serves as the legal basis for addressing potential disputes. II. BODY Possible Drawbacks of the Agreement Although the contract appears typical of Vietnamese labor contracts, the employee may have some disadvantages: 1. Contract with an Indefinite Term Limited Flexibility: Although it offers employment security, it may restrict the worker's options for exploring other prospects or bargaining for improved conditions. Possibility of Unfair Dismissal: In the absence of a clear termination date, the employer may be more free to stop the agreement at any time, possibly even without good reason. 2. Limited benefit information The contract only addresses the most basic benefits, such as wages and transportation. It's unclear if the worker is qualified for additional benefits like paid time off, social security, or health insurance. The pay rise regime is outlined in the contract and is contingent upon "according to the regulations of the company." This could imply that there is no assurance that the worker's pay will rise over time. 3. Absence of a dispute resolution procedure A contract lacking a clear dispute resolution process is a significant disadvantage for workers. This can lead to many difficulties when disputes arise, such as workers not knowing where to file a complaint and what procedures to follow. In addition, the lack of a specific dispute resolution mechanism makes it difficult for workers to protect their legal rights before the law. 4. Salary Increase Regime No Guaranteed Increase: The contract specifies that raises will be made "in accordance with company regulations." This could imply that pay stagnation results from raises being uncertain or subject to the company's judgment. 5. Rights of Employers: Extensive Termination Powers: Under certain circumstances, the employer is given broad termination powers under the contract, possibly even without having to give enough notice or severance pay. 6. The Potential for Injustice in Labor Practices Inadequate Safety: Although labor laws are included in the contract, no specific protections against unfair labor practices, including harassment or discrimination, are mentioned.
While the contract provides a general framework for the employment relationship, it's essential for employees to carefully review its terms and negotiate for more favorable conditions if possible. Additionally, understanding relevant labor laws can help employees protect their rights and advocate for fair treatment. It's also advisable for employees to seek legal advice if they have any concerns or encounter disputes.
