If the labor contract is partially invalidated, is it possible to terminate the labor contract in Vietnam?

Nội dung chính

• In Vietnam, if a labor contract is partially invalidated, is it possible to terminate the labor contract?
• In Vietnam, how is the Agreement to amend the partially invalidated labor contract?

In Vietnam, if a labor contract is partially invalidated, is it possible to terminate the labor contract?

According to Clause 1, Article 9, Decree 145/2020/ND-CP has the following provisions:

1. When a labor contract is declared partially invalid, the employer and the employee shall amend and supplement the part of the labor contract which is declared invalid to be consistent with the labor agreement. collectives and the law.

Thus, according to the above provisions, when your labor contract is partially invalidated, you and the employer must make an agreement to amend and supplement the invalid part. The employment contract cannot be terminated immediately.

In Vietnam, how is the Agreement to amend the partially invalidated labor contract?

According to Clause 3 of this Article, if the two parties do not agree to amend and supplement the contents declared invalid, then:

a) Implement the termination of the labor contract;

b) The rights, obligations and interests of the two parties from the time they start working under the labor contract are declared partially invalidated until the termination of the labor contract are implemented in accordance with Clause 2 of this Article;

c) Settlement of severance allowance according to the provisions of Article 8 of this Decree;

d) The working time of an employee under a labor contract that is declared invalid is counted as the time the employee works for the employer as a basis for implementing the regime as prescribed by law. about labor.

Accordingly, if you and the employer cannot agree on the amendment and supplementation of the declared invalid contents of the labor contract, the labor contract may be terminated.

Best regards!