Summary of new points of the Labor Code 2019,

applicable from 01/01/2021

The Labor Code 2019 provides for many important changes in labor contracts,
specifically:

1. 10 new rules on labor contracts

  Increase the identity of industrial relations that take place in reality.

  Accept employment contracts via electronic means in the form of a data message.
  There is no longer a seasonal labor contract or a certain job.
  Do not apply probation to labor contracts of less than 01 month.
  Two more cases of labor contract postponement.
  The employee has the right to unilaterally terminate the labor contract without any reason.
  Supplement provisions on cases where the right to unilaterally terminate the labor contract
without prior notice.
  In 02 cases, the employer (the employer) has the right to unilaterally terminate the contract
without prior notice.
  Reasonable provisions on settlement time and responsibility of both parties when
terminating the labor contract.
  Regarding the required content in the labor contract, currently only requires the name and
address of the employer or legal representative, from January 1, 2021, required “Name and
address of the employer and the full name and title of the person signing the labor contract
on the employer’s side”.

2. 10 new rules on salary and bonus

  The employer is not allowed to force the employee to buy his / her goods and services /
other unit using his salary.
  The employer must announce the payroll to the employee at each paycheck.
  New regulations on interest rates when calculating compensation for late payment of wages
to employees.
  Employers must bear the cost of opening accounts for employees if they pay wages through
the bank.
  Specifying the salary for stopping work when the employee has to stop working because of
electricity and water problems without the fault of the employer or due to a natural disaster,
fire, dangerous epidemic, enemy sabotage or relocation of the place of operation. at the
request of a competent state authority or for economic reasons.
  In many more cases, the employee is entitled to separate leave and enjoy full salary.
  Employees are entitled to 2 days off on National Day September 2 and receive full salary.
  Employees can quit their jobs without prior notice if they are not paid on time.
  Female employees who do heavy work during pregnancy can be reduced by 1 hour of daily
work and full salary.

3. 03 new rules for probation

  The probationary content can be agreed upon and recorded in the labor contract.
  No probation is applied to employees who enter into labor contracts with a term of less than
1 month.
 The probationary period can last up to 180 days with the job of the business manager.

4. 12 new regulations on working time and rest time

  Detailed regulations on how the employer must notify employees of working hours.
  There is no longer a fixed working time of no more than 6 hours a day for those who do
extremely heavy, hazardous or dangerous jobs.
  Overtime must not exceed 40 hours / month (currently not exceeding 30 hours / month).
  In many more cases, the employer is allowed to use the employee to work overtime for no
more than 300 hours per year.
  Unlimited overtime hours in special cases.
  An employee can refuse to work overtime in special cases if the job is in danger of affecting
the employee’s life and health.
  Employees will have 2 days off National Day 02/9 (currently 01 day off).
  In many more cases, the employee is entitled to separate leave and enjoy full salary.
  The elderly employee can reach an agreement with the employer on shortening working
hours (currently decided by the employer).
  Female employees who do heavy work during pregnancy may be reduced by 1 hour of daily
work. (Currently, female employees who do heavy work during pregnancy from the 7th
month are allowed to change to light work. or have 1 hour reduction from daily work and still
enjoy full salary).
  Employers are responsible for regulating the annual leave schedule of the employee
(currently not defined as the responsibility of the employer).
  More special jobs with separate working time and rest time.

5. 08 new regulations on labor discipline

  Changes in the concept of “labor discipline”.

  The employer has to issue the labor regulations (currently only stipulates that “the employer
who employs 10 or more employees must have a written labor rule).
  Some new regulations on the main contents of the labor rule.
  The content law “employ less than 10 employees without registration of the internal work
regulations”.
  When disciplining the employee under the age of 15, there must be the participation of a
legal representative (Currently, if the case is under 18 years old, there must be the
participation of parents or parents. legal representative).
  When the time of not being disciplined but the case has a statute of limitations but is not
enough 60 days, the statute of limitations will be extended (currently, it must be handled
immediately, not extended)
  More cases where the employer gets fired from the employee is the case of “the employee
has sexually harassed at the place.

6. 10 new provisions in the settlement of labor disputes

  New point in Concept and types of labor disputes.

  The number of labor arbitrators of the labor arbitration council must be at least 15 people
(currently regulated “The number of members of the labor arbitration council is an odd
number and not exceeding 07).
  An important council has jurisdiction to resolve individual labor disputes.
  Individual labor disputes are not required to be resolved through the mediation procedure of
the labor mediator before being requested by the Labor Arbitration Council or the Court.
  A new point in the regulation on the settlement of individual labor disputes of the Labor
Arbitration Council.
  New point about the statute of limitations for requesting the settlement of individual labor
disputes at the Labor Arbitration Council.
  New point about the Competence to settle rights-related collective labor disputes.
 New point about the statute of limitations for requesting the settlement of collective labor
disputes on rights.
 The cases where the employee has the right to go on strike.
 New regulations on illegal strikes.

7. 03 new regulations on employee retirement

  Increase retirement age according to the roadmap

  Change of conditions for pension entitlement)
  Add new regulations on pension policy