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Proposing some additional provisions on labor contracts that enterprises in Binh Duong province should be noted

The Ministry of Labor, War Invalids and Social Affairs (MoLISA) is drafting a decree amending and supplementing a number of articles of the Decree No. 05/2015/ND-CP of the Government, dated January 12, 2015, detailing and guiding some contents of the 2012 Labor Code. The MoLISA proposes to supplement some contents of the labor contract in the direction of expanding the negotiation freedom between employers and employees.

According to the MoLisa, Decree No. 05/2015/ND-CP contains some detailed provisions such as wages rise; working time, rest time; employees labor protection, however, according to surveys of employees and employers, the detailed regulations on these contents are still "rigid", not flexible, no create conditions for employers and employees to negotiate freely when entering into a labor contract, the employee and the employer must agree and specify such contents in the labor contract. On the other hand, in case of amendment or supplementation of the contents of labor contract, the employer and the employee must re-negotiate and inscribe in the labor contract, while these contents are often long, specific and detailed, and these contents are normally defined in the labor regulations, the collective labor agreement or the employer's regulations.

Therefore, in the draft, the MoLISA proposes to supplement the content of the labor contract in the direction of expanding the negotiation freedom between the employers and employees. Content of wages rise; working time, rest time; the employees' labor protection shall comply with the provisions of the labor regulations, the collective labor agreement, and the employers’ regulations. The new regulations ensure the principle of voluntariness and freedom to enter into a labor contract according to article 17 of the 2012 Labor Code and create flexibility for employers in the process of signing and implementing the labor contract with employees.

Source: http://baochinhphu.vn/Chinh-sach-moi/De-xuat-bo-sung-quy-dinh-ve-hop-dong-lao-dong/330963.vgp

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