Borrowing other people's records to enter into labor contracts will be completely invalidated
On May 31, 5, the Ministry of Labor, War Invalids and Social Affairs has just issued Official Letter No. 2022/LDTBXH-BHXH sent to the provinces and centrally-run cities and Vietnam Social Insurance on the current situation of many workers. Borrowing records of others to sign labor contracts and participate in social insurance.
1. Current situation of borrowing documents to sign labor contracts
Recently, the Ministry of Labor, War Invalids and Social Affairs has received feedback from some localities about the situation of employees borrowing other people's documents to enter into labor contracts and has given that assessment. is the behavior:
- Violating the principle of "honesty" under the provisions of the Labor Code in Clause 1, Article 15.
- Violation of the obligation to provide accurate information when entering into a labor contract, according to the provisions of the Labor Code in Clause 2, Article 16.
The consequences of this behavior affect the accuracy of information about labor resources and many other related factors. Therefore, according to the provisions at point b, clause 1, Article 49 of the Labor Code, this is a case where the entire labor contract will be invalidated.
2. Competent authority to ｄｅｃｌａｒｅ and handle invalid labor contracts
Official Dispatch 176/LDTBXH-BHXH also states that the authority to ｄｅｃｌａｒｅ the invalidity of the labor contract and handle the invalid contract shall comply with the provisions of the Labor Code in Articles 50 and 51 and Section 3 of Chapter 145. III of Decree No. 2020/14/ND-CP dated December 12, 2020 detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations by the Government.
Accordingly, the People's Courts at all levels have the right to ｄｅｃｌａｒｅ the labor contract invalid, the handling of the labor contract is invalid due to the person entering into it not within the competence or violating the principle of entering into a labor contract. comply with the provisions of the Labor Code specified in Clause 2, Article 51 and Clause 4, Article 10 of Decree No. 145/2000/ND-CP.
The Ministry of Labor, War Invalids and Social Affairs requested the People's Committees of provinces and centrally run cities to direct the Department of Labor, War Invalids and Social Affairs, the social insurance agency and relevant authorities to strengthen the propaganda. transmit information so that employees and employers raise their awareness of strictly complying with the provisions of the law; tightening management, regularly inspecting and inspecting to promptly detect, correct, and strictly handle cases of deliberate violations to set an example.
Vietnam Social Security also directs social insurance agencies of provinces and cities to actively and promptly coordinate with local authorities to review, promptly detect and handle violations in accordance with regulations of law. Labor law and social insurance law.
3. Measures to handle invalid labor contracts
An invalid labor contract due to the person entering into it not in accordance with authority or violating the principles of entering into a labor contract will be handled according to the provisions of Clause 2, Article 51 of the Labor Code and Decree No. 145/2020/ Specific Decree-CP:
- The employee and the employer shall re-sign the labor contract in accordance with the provisions of law
- In case if the employee and the employer do not renew the invalid labor contract, the following procedures shall be carried out:
- Termination of labor contract;
- The rights, obligations and interests of employees from the time they start working under the labor contract that are declared invalid until the termination of the labor contract shall comply with the provisions of Clause 2, Article 10 of the Decree. No. 145/2020/ND-CP;
- Settlement of severance allowance according to the provisions of Article 8 of Decree 145/2020/ND-CP.
