Employment contract is fully invalid in case record is borrowed

04/06/2022 04:11 PM

MOLISA sent Official Letter No 1767/LDTBXH-BHXH People Committee of provinces/munipalities , VSS on the status of employees borrowing record to sign employment contract and participate social insurance.


Accordingly, MOLISA has received complaint from some localities about this status and gave the following ideas:  employee borrowing another’s record to sign employment contract is the action violating the “faithfullness” principle under regulation at Labour Code’s clause 2 article 15 and vilolates “loyality” principle under regulation at Labour code’s clause 2 article 16. Based on regulation Labour code’s point b clause 1 article 49, the contract is fully invalid.

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The competence to announce and solve invalid employment contract is implemented under regulation at Labour Code’s Article 50, Article 51 and Government’s Decree 145/2020/NĐ-CP’s section 3 Chapter III on Dec 14th 2020 detailedly regulating and guiding to carry out Labour Code’s some articles on labour conditions and relation. Accordingly, People Court has right to declare the entirely invalid employment contract. Solving entirely invalid employment contract because the labourer enter into the employment contract without authority or violating principle of entering into an employment contract’s principle under regulation at Laboour Code’s clause 2 article 51 and Decree 145/2020/ NĐ-CP’s article 10 regulating: “Other issues relevant to employment contracts that are fully invalidated because they are concluded ultra vires or against regulations on employment contract conclusion shall be settled by court in accordance with the Civil Procedure Code”.

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MOLISA proposed People Committee in provinces/ municipalities to direct Department of Labors, War Invalids and Social Affairs and related competent agencies to strengthen information and promotion for emplyees and employers to follow Labour Code’s regulation; to regularly examine and inspect to settle strictlythe intentional violation.  VSS directs social security officces of preovinces/ cities to actively and timely cooperate with local competent agencies to check, discover and settle under regulation of Labour Code, Law on Social Insurance.