In the process of work, the employer or the employee may arise to change the content of the articles in the labor contract already signed, about the duration, salary, incentive compensation, job placement or place of work, etc. At this point, the parties signed an annex to the contract or labor contract to modify the arising content?
Based on the provisions of paragraphs 1 and 2, Article 35 of the Labor Code in 2012 are:
“Article 35. To amend and supplement labor contract
1. In the process of implementation of the labor contract, if any party may request amendments and supplements to the contents of labor contracts, it must notify the other party at least 3 working days of the contents to be amended and supplemented.
2. In case the two parties reach an agreement, the amended and supplemented labor contracts are conducted with the signing of labor contract annex or a new labor contract.[…]”
Thus, in case the employer or the employee wants to amend and supplement some contents about the salary or obligations of the old labor contract, depending on the needs and agreements of the parties to sign a new Contract Appendix or a new Labor Contract
Any party who requests amendments and supplements to the labor contract must notify the other party at least 03 working days in advance of the contents to be amended and supplemented.
However, with regard to the choice of contract annex or labor contract, there will be some advantages and shortcomings of its own. Depending on your actual situation, the business has a choice. As follows:
The labor contract annex is a part of the labor contract and has the same validity as a labor contract; be signed to specify a number of terms or to amend and supplement the content of the labor contract.
If the Contract Appendix is made to amend and supplement the labor contract, the terms and conditions of the amendment and supplement and the effective date must be specified.
In case the labor contract annex specifies any articles of the labor contract, which lead to a change in the meaning of some article in the labor contract, the contents of the labor contract shall apply.
In case of signing an appendix of a labor contract to amend the term of the labor contract, it is only allowed to sign once and not change the type of labor contract signed, except for the case of prolonging the labor contract with elderly employees and employees, who are part-time trade union officials prescribed in Clause 6, Article 192 of the 2012 Labor Code. (Theo quy định tại Điều 24 của Bộ luật Lao động 2012 và Điều 5 Nghị định 05/2015/NĐ-CP)