CHAPTER IILABOR CONTRACTS AND EMPLOYMENT GUARANTEEArticle 5: forms of HĐLĐ, HĐLĐ period, HĐLĐ content, signed HĐLĐ1. Based on the needs of employers and the company's ability to meet the worker's work, the two sides signed under one of the types of labour contracts as follows:a. the seasonal HĐLĐ or according to the fixed term work under 12 months;b. the HĐLĐ determine the duration from 12 to 36 months, enough;c. HĐLĐ not defined time limit.2. Employment contract must contain the following principal contents: The work to be done, time to work, time to rest, places of work, duration of the contract, salary, payroll forms, pay period, conditions of occupational safety, hygiene and labour and social insurance for workers.3. the contract is concluded in writing and must be made in two copies, each party keep a. For some the work of temporary nature, that the time limit under 3 months then the parties can orally committed. In the case of oral agreements, then the the party must also comply with the provisions of the labour law.Article 6: The privileges when EMPLOYEES are recruited or HĐLĐ, improve training for EMPLOYEES1. When the company needs to recruit qualified applicants, recruiters will be the signing of labor contracts. 2. Companies have preferential recruitment and placements match for some health workers are disabled, the accident, labor workers especially difficult circumstances have good moral qualities meet the production needs of the company.3. MATERNITY LEAVE during the work have expiry, if the guaranteed standards and consistent with the work, compliance rules, labour law, the priority will be to sign back HĐLĐ.4. According to business needs, the company organized for staff are academically advanced workmanship, associated with government agencies to open classes for employees of labour. The worker is paid the salary for full time training. All costs related to training, training, advocacy by employers who pay.5. According to the production needs some work, parts, the company has the policy of elections officials, workers take training, internships and foreign occupation. The company covered the entire cost and workers be paid time.a. the standard of selecting elected school: Who has the power in the work, have good moral qualities, who had seniority priority task;b. officers and employees was labor, professional internship in or outside the country: during school or after school but not all time served as pledged, if you want to transfer to another agency, they must refund all expenses during training (except for some other reason due to the two parties to the agreement and has decided separately).Article 7: The company continued implementing expanded production industries, expand markets, create conditions to workers who have jobs. In case of need after the unification with labor representatives, the Director General shall arrange, automatic job or reasonable between the labour, parts of the company to ensure the execution of the plan and increase the efficiency of production and business of the company at the same time diversifying the work, guarantees of employment and income for workers.Article 8: MATERNITY LEAVE Transfer to other work, internal movement, ensure employmentThe temporarily transfer employees to other work left the profession regulated in article 31 of the labour code, amended and supplemented in 2012; Article 8 Decree 05/2015 are defined as follows:1. When employers encounter difficulties due to unscheduled remedial disasters, fire, epidemics; apply measures to prevent, overcome accidents, occupational disease; the issue of electricity, water or the needs of production-business (the time of delivery of the season changed production techniques to meet the needs of customers, production order waiting time ...), to secure employment for MATERNITY LEAVE, the employer temporarily transferred the employee other work left the profession, but don't be too 60 days (incremental) in a year. New job salary workers are entitled to 100% of the resources under the old wage has signed labor contract before the maneuver.2. The employer has temporarily transferred employees do work other than employment contracts enough incremental work 60 days in a year, if continue to temporarily transfer employees that do work other than the employment contract must be agreed in writing by the employee.3. The employee does not agree to temporarily do work other than the employment contracts prescribed in clause 2 of this that have to stop work, the workers were paid laborers users stop work as defined in paragraph 1 to article 98 of the labour code. (Point 4 Article 8 Decree 05/2015)Article 9: encourage workers to raise more revenue, improve your lifeIn addition to the time worked in the company, to improve the quality of life, create additional income for workers in the leisure, corporate priority for employees of company workers and of workers (via workers) are now doing, more earnings is the company paying along with monthly wages.Article 10: the policy regime for workers in the time trial, the school, the vocational practiceWorkers in the time trial, apprenticeship, vocational internship are the employers pay the full wages, benefit policies as an official workers. Workers are the employers pay all costs related to vocational training.Article 11: guarantee of jobs for women returning to work after maternity leave, sickness, accident, occupational disease:Female workers return to work after maternity leave, extended sick leave, accidents, occupational disease, is preferred to the layout of the old work. The former work is no longer the case, employees can deal with the employers to be doing a different job with equivalent salary not lower salary signed labor contracts before maternity leave, sickness, accident, occupational disease. Article 12: HĐLĐ terminated in the following cases:1. Labor contracts expire, either party does not wish to sign, except in the case specified in clause 6 Article 192 of the labor code.2. Completed the work under the contract.3. The two sides agreed upon termination of the employment contract.4. qualified workers on-time social insurance and old age pension paid under the provisions of article 187 of the labour code. 5. When the employer does not have the need or the elderly workers do not have enough health, the two sides made the labor contract termination (clause 1, 2 article 6 Decree 05/2015/ND-CP on 12/1/2015).6. The employee was sentenced to prison, death penalty or forbidden as in the labor contract according to the verdict, the decision of the Court of law.7. The user's personal death, labour courts declared lost the capacity for civil acts, missing or dead; the employers not to terminate the operation personally.8. Workers disciplined were fired as defined in paragraph 3 Article 125 of the labour code. 9. Workers unilaterally terminate the labor contract according to the provisions of article 37 of the labour law, and are guided in article 11 of the Decree 05/2015/ND-CP dated 12/01/2015.10. The employers unilaterally to terminate the labor contract according to the provisions of article 38 of the law on labour; the employers for workers retrenchment due to structural changes, technology or economic reasons or because of Japanese wax, merge, split, cooperative enterprises (The reasons for this are the specific provisions of article 12, article 13 of the Decree 05/2015/ND-CP on 12/1/2015).
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