1. Entities competent to enter into labor contracts

1.1. To the workers

Pursuant to Clauses 1 and 2 and Clause 4, Article 18 of the Labor Code 2019, the person entering into a labor contract on the employee’s side is a person in one of the following cases:

– Employees aged full 18 years or older.

– The employee is from full 15 years old to under 18 years old with the written consent of his/her legal representative.

– Persons under 15 years of age and their legal representatives.

– The employee is legally authorized by the employees in the group to enter into a labor contract in the case. In this case, the contract work is a seasonal job, a certain job has a term of less than 12 months and the authorized employees must be at least 18 years old, and the labor contract must be a written contract enclosed with a list clearly stating the full name, date of birth, gender, place of residence and signature of each employee. Labor contracts entered into under these provisions will have the same effect as those entered into with each employee.

1.2. On the side of the employer

Pursuant to Clause 3, Article 18 of the Labor Code 2019, the person entering into a labor contract on the employer’s side is a person in one of the following cases:

– The legal representative of the enterprise or the person authorized by law;

– The head of an agency or organization having the legal person status as prescribed by law or an authorized person as prescribed by law;

– Representatives of households, cooperative groups or other organizations without legal status or authorized persons as prescribed by law;

– Individuals directly employ workers.

1.3. Notes on authorization to enter into labor contracts

Pursuant to Clause 5, Article 18 of the Labor Code 2019, the person authorized to enter into a labor contract may not re-authorize another person to enter into a labor contract.

2. Legal consequences of labor contracts entered into by persons who are not competent to enter into and handle them

2.1. Legal consequences

Pursuant to Point b, Clause 1, Article 49 of the Labor Code 2019, when the person entering into the labor contract does not have the authority to enter into it, the labor contract will be completely invalidated.

2.2. Handle

Pursuant to Clause 1, Article 10 of Decree 145/2020/ND-CP, when the labor contract is declared invalid, the employee and the employer shall re-sign the labor contract in accordance with the provisions of law. the law.

Pursuant to Clause 2, Article 10 of Decree No. 145/2020/ND-CP, the rights, obligations and interests of employees from the time they start working under the labor contract are declared invalid until the labor contract expires. The re-signed action does the following:

– If the rights and interests of each party in the labor contract are not lower than the provisions of law or the applicable collective bargaining agreement, the rights, obligations and interests of the employees shall be performed according to the contents of the labor contract. Labor contract is declared invalid

– If the labor contract contains the rights, obligations and interests of each party that violate the law but does not affect other contents of the labor contract, it shall be settled according to the current collective bargaining agreement. If there is no collective labor agreement, the provisions of law shall apply. In case the labor contract is declared invalid and the salary is lower than the applicable labor law or collective bargaining agreement, the two parties must re-negotiate the salary according to regulations and regulations. The employer is responsible for determining the difference between the renegotiated salary and the salary in the declared invalid labor contract to refund the employee in proportion to the actual working time. under the labor contract is declared invalid.

In case the two parties do not agree to amend and supplement the contents declared invalid, then:

• Implement the termination of the labor contract;
• The rights, obligations and interests of the employee from the time he starts working under the labor contract is declared invalid until the termination of the labor contract is performed as in the case of a re-signed labor contract. ;
• Settlement of severance pay.

Above is the advice of Khoa Tin Law on “Authority to enter into labor contracts”.

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Best regards./.