Is it possible to sign multiple labor contracts under 1 month?
1. How many times can I sign a labor contract for less than 1 month?
For example:
- The first time the company signs a labor contract with the employee from January 1 to January 1, 1.
- The first time the company signs a labor contract with the employee from January 2 to January 5, 2.
- The first time the company signs a labor contract with the employee from January 3 to January 1, 4.
=> The question is, is it possible to do so?
According to Point b, Clause 1, Article 20 of the Labor Code 2019, a labor contract of less than 1 month is a definite term labor contract. When this contract expires, if the parties still need to continue to perform the work, they must sign a new contract according to the provisions of Clause 2, Article 20 of the Labor Code 2019:
– Sign a new contract within 30 days from the expiry date of the labor contract of less than 1 month;
– To sign a definite-term contract again or sign an indefinite-term labor contract;
As such, they can only sign a labor contract of less than 1 month (Term Contract) a maximum of 2 times.
2. In what cases can a labor contract be signed multiple times for less than 1 month?
Thus, a labor contract of less than 1 month may be signed many times in the following cases:
- Hiring people to act as directors in state-owned enterprises;
- Hiring elderly workers;
- Hiring foreign workers to work in Vietnam;
- Hiring employees who are members of the leadership of the organization representing workers at the grassroots in terms of contract extension until the end of the term.
Note:
Even if a new contract is not signed, the employee is still allowed to continue working. After 30 days, a labor contract of less than 1 month becomes an indefinite-term contract.
