New points to note in the Labor Code 2019
The Labor Code 2019 comes into effect from January 01, 01, replacing the 2021 Labor Code. Here are 2012 new points about the labor contract, salary and bonus that businesses need to pay attention to.
1. Increase the retirement age to 62 years for men and 60 years for women
According to Clause 2, Article 169 of the 2019 Labor Code:
“The retirement age of employees under normal working conditions is adjusted according to the roadmap until reaching 62 years of age for male employees in 2028 and full 60 years of age for female employees in 2035.
From 2021, the retirement age of the employee under normal working conditions is full 60 years and 03 months for male employees and full 55 years and 04 months for female employees; after that, every year, it will increase by 03 months for male workers and 04 months for female workers "
For specific jobs and some special cases, retirement before age is also more clearly defined than the 2012 labor code.
2. National Day holiday increased to 02 days
Thus, the total number of annual holidays and New Year holidays according to the Labor Code 2019 will increase to 11 days, specifically specified in Article 112 as follows:
"first. Employees are entitled to rest and receive full salary during the following holidays and New Year:
a) New Year's calendar 01 day (January 01 of solar calendar);
b) Lunar New Year 05 days;
c) Victory Day: 01 day (April 30 of solar calendar);
d) International Labor Day 01 day (May 01 of solar calendar);
dd) National Day 02 days (September 02 of solar calendar and 9 day immediately preceding or following);
e) Hung Kings Commemoration Day 01 day (March 10 of the lunar calendar)”
3. No more seasonal labor contracts
In Article 20 of the Labor Code 2019, effective from January 01, 01, there are only two types of labor contracts:
- Definite term labor contract not exceeding 36 months
- Contract indefinite term
4. Extend the probationary period to 180 days for some positions
The probationary period shall be agreed upon by the two parties based on the nature and complexity of the job, but only once for a job and ensuring: "not more than 180 days for the job of the supervisor." Enterprise management according to the provisions of the Enterprise Law, the Law on Management and use of state capital invested in production and business at enterprises” – According to Clause 1, Article 25, Labor Code 2019
Thus, the probationary period is different from the current law. Current probationary period is up to 60 days.
5. Recording the form of entering into labor contracts through electronic transactions
Specifically, in Article 13 of the Labor Code 2019, there are additional:
- A labor contract is concluded through a valuable electronic means like a written labor contract.
- Before accepting the employee to work, the employer must conclude a labor contract with the employee
6. Increase overtime to 40 hours/month
Specifically, in Article 107 of the Labor Code 2019, the number of overtime hours in a month does not exceed 40 hours / month (currently does not exceed 30 hours / month) and more specifically the cases of overtime work up to 300 hours / year such as: Export, processing and exporting are textiles, garments, footwear, electronics, electrical components, processing of agriculture, forestry, fisheries, telecommunications, water supply, electricity supply ....
7. Add a separate case of leave with full salary
In addition to the separate cases of leave to enjoy full salary as before. In Article 115 of the Labor Code 2019, the adoptive father or adoptive mother dies, and the employee will be entitled to a separate leave to enjoy full salary in the following cases:
- Marriage: 03 days off;
- Natural and adopted children get married: take 01 day off;
- Birth father, natural mother, adoptive father, adoptive mother; natural father, natural mother, adoptive father, adoptive mother of the husband or wife; wife or husband; natural children, adopted children die: 03 days off.
Labor Code 2019 (Applicable from January 01, 01)
Date of issue: November 20, 11 Effective date: January 2019, 01 Document type: Law Status: In effect NATIONAL
