A reader who  has email address as maituyetx @ xxx asked: According to the current law or regulation, does the employer have the right to sign a labor contract (labor contract) with a term of 36 months (the first time) and signs another  36-month labor contract in the second time (the total duration of labor contracts is 72 months) with employee (employees)?

Lawyer Nguyen Huu Hoc, who is Director of the TDH Limited Law Company, Ho Chi Minh City Bar Association answers:

Article 22 of the Labor Code2012  provides for the type of labor contract as follows:

1. An employment contract shall be concluded in one of the following types:

a) Indefinite term employment contract. An indefinite term employment contract is a contract in which the two parties do not determine the term and the time at which the contract terminates;

b) Definite term employment contract. A definite term employment contract is a contract in which the two parties agree to fix the term of the contract for a duration of from 12 months to 36 months;

 c) An employment contract for seasonal work or a specific task which has a term of less than 12 months. 2. Where an employment contract stipulated in items b and c of Clause 1 of this Article expires and the employee continues to work, during a period of thirty (30) days from the date of expiry of the contract, the two parties have to sign a new employment contract; if no new employment contract is entered into, the contract signed in accordance with Clause 1.b) of this Article shall become an indefinite term employment contract and the contract signed in accordance with

Clause 1.c) of this Article shall become a definite term employment contract with the term of 24 months. Where the two parties conclude a new contract with a definite term, it shall be the one and only additional definite term employment contract to be signed; after that, if the employee continues to work, an indefinite term contract shall be signed.

 3. It is prohibited to enter into a seasonal or work-specific employment contract of less than twelve (12) months to carry out regular work which has the duration of more than twelve (12) months, except in order to temporarily replace an employee who has taken leave for military obligations, pregnancy and maternity, sick leave, occupational accident or other temporary leaves.

Thus, the employer has the right to negotiate with the employee to sign twice the definite labor contract, each time is 36 months.

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According to NAM DUONG (Lao Dong newspaper)