Electronic Labour Contract: from legal viewpoint to implementation practice

Ho Chi Minh 599
Document

1. Legal basis:

  • UNCITRAL Model Law on Electronic Commerce 1996.
  • Law on Electronic transaction 2005.
  • Decree No. 130/2008/ND – CP detailing the implementation of Law on E – transactions regarding digital signature and digital signature authentication.
  • Labour Code No. 45/2019/QH14 taking effect from 01/01/2021.

2. Requirements of Electronic Labour contract:

Has the full contents the same as the normal labour contract and is concluded by an electronic mode in the form of data message according to the lawful regulations on E - transactions.


Electronic Labour contract - Source: Internet

Electronic Labour contract - Source: Internet


3. Advantage of the Electronic Labour contract:

  • Online signing, anytime, anywhere.
  • Savings on costs, time, human resources.
  • Easy to store.
  • Convenient to manage and combine.
  • Ensure the integrity of the documents, do not edit.

Advantage of the Electronic Labour contract - Source: Internet

Advantage of the Electronic Labour contract - Source: Internet


4. Legal validity of the Electronic Labour Contract:

  • 2005 Electronic labour contract has the same validity as the original when meeting the conditions set forth in Law on E – transactions 2005.
  • The Electronic Labour Contract shall be invalid when the document subject to the invalid cases prescribed in Labour Contract under Labour Code.
  • Hợp đồng lao động điện tử có giá trị dùng làm chứng cứ khi có sự tranh chấp Electronic Labour Contract shall be served as evidence when disputes arising.

5. Comply with the principles when concuding the electronic labour contract:

- Comply with the conclusion principle of labour contract:

  • Voluntary, equal, good faith, cooperative and honest.
  • Freedom to conclude the labour contract but do not against the laws, labour collective agreement and social ethnic.

- Choices of electronic means meet the regulations of laws on e – transaction for electronic labour contract conclusion:

  • Electronic labour contract does not subject to legal risks.
  • Change in the approach to study, examine the validity according to electronic modes.
  • where there are discrepancies between regulations of Law on E – transactions and of other laws on the same matter relating to e – transaction, the regulations of Law on E – transactions shall prevail.

The electronic labour contract - Source: Internet

The electronic labour contract - Source: Internet


6. Notes during the conclusion, implementation of Electronic labour contract:

6.1 Parties signing the E labour contract:

For Employer:

  • Legal representative of the corporate or authorized party according to the laws; Individual directly using labour resources.

For Employee:

  • Employees are from 18 years old and above; Employee are between 15 and 18 years of age with the consent in writing of their legal representative; Employees are under 15 years old and their legal representative; Employees authorized by Employees in the group to conclude the Labour Contract

6.2 Electronic Labour Contract contains the same contents as normal Labour Contract as stipulated in the labour law (Article 21 – Labour Code 2019)

6.3 Amendment to the Electronic Labour Contract: Employer and Employee make amendment to the Labour Contract in the form of Contractual Appendix and the Appendix shall be consistent with the Labour Contract. the Contractual appendix shall be made in electronic mode.

6.4 Digital signature shall be deemed to be secured when authenticated by a organization providing digital signature authentication.

6.5 Archive of the Electronic Labour Contract:

The archive of Electronic Labour Contract shall be deemed to be legal when ensure the following conditions:

  • The contents of Electronic Labour Contract can be referenced when necessary.
  • The electronic labour contract is recorded in specific method allowing the determination of origins, destination, date and time of sending and receiving data message.

Electronic labour contract - Source: Internet

Electronic labour contract - Source: Internet


7. Condition for implementing the Electronic Labour Contract:

  • Employee uses email or smartphone to sign the electronic labour.
  • Infrastructure system: Corporate implements the software system for HR management to integrate Electronic labour system into the software.
  • Standardize personnel documents.
  • Keep the information of electronic labour contract safe and confidential.

Worth reading?
1 0 5 5 1



We are here to help.


If you are interested in speaking with HR2B about Recruiting, Payroll, Staffing outsourcing need.
Please reach out via email contact@hr2b.com.


Get in touch


Share on network
Top page