Labor law has introduced regulations on invalid labor contracts to ensure the rights of parties in entering into labor contracts and demonstrate the strictness of labor law in Vietnam. So, in what cases is a labor contract invalid? Join LawFirm.Vn to find out details through the following article.
Based on the provisions of Article 49 of the 2019 Labor Code , invalid labor contracts are divided into two cases: fully invalid labor contracts and partially invalid labor contracts.
1. The labor contract is completely invalid
In principle, a labor contract is considered invalid when it does not comply with the provisions of law, greatly affecting the legal rights and interests of the subjects or the common interests of society. Pursuant to Clause 1, Article 49 of the 2019 Labor Code , a labor contract is considered completely invalid in one of the following cases:
– The entire content of the labor contract violates the law;
– People who enter into labor contracts without proper authority or violate the principles of entering into voluntary labor contracts, equality, goodwill, cooperation and honesty; freely enter into labor contracts but must not violate the law, collective labor agreements and social ethics as prescribed in Clause 1, Article 15 of this Code;
– The work agreed upon in the labor contract is work that is prohibited by law.
2. The labor contract is partially invalid
Pursuant to Clause 2, Article 49 of the 2019 Labor Code and Article 130 of the 2015 Civil Code
Similar to invalid civil transactions, a partially invalid labor contract is also understood as a contract with part of the contract content contrary to the law but does not affect the remaining parts of the contract or Part of the content of the labor contract stipulates the employee’s rights are lower than those specified in the labor law, internal labor regulations, applicable collective labor agreement or the content of the term labor contract. other rights of workers, that part will be invalid.
