How many times can we sign the appendix of labor contract? How many times can we extend a labor cont

My company and an employee signed a labor contract with a term of 1 year. Then, my company wants to change the basic salary in the contract. Can we sign an appendix of that labor contract? How many times I can sign the appendices of a labor contract? If the contract expires, can I extend the contract terms?

FDVN’s opinion:

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice on your question. 

According to Article 24 of Labor Code 2012:

1. An annex to a labor contract is an integral part of the labor contract and is as valid as the labor contract.

2. An annex to a labor contract details some provisions or amends or supplements the contract.

In case an annex to a labor contract details some provisions that lead to a different understanding of the labor contract, the contents of the labor contract prevail.

In case an annex amends or supplements the labor contract, it must specify the amended or supplemented provisions and the time it takes effect.

So, the annex to a labor contract is a part that cannot be separated from the labor contract and the enterprise can sign an annex to amend, supplement and the time that such amendment and supplement take effect. Therefore, you have the right to sign the annexes to a labor contract to change the salary of the employee.

The number of annexes to a labor contract is limited if the Annexes regulates the amendment of the labor contract term. According to Article 5 of Decree 05/2015 / ND-CP provisions: “The term of the employment contract shall be amended only once in employment contract Appendix and not be changed in the type of the signed contract, except when the term of employment contracts with elderly employees and those who are part-time unionists are extended as specified in Clause 6 of Article 192 of the Labor Code..”

According to the above provisions, the contract term can only be modified once by an appendix of the labor contract and does not change the type of contract.

In case you have edited the appendix to a labor contract once, you cannot sign another appendix to amend the labor contract term. You can enter a new labor contract. When a 1-year term labor contract expires and the employee continues working, within thirty (30) days from the date of expiration of the contract, the two parties shall sign a new labor contract; if no new labor contract is entered into, the definite-term labor contract will become an indefinite-term labor contract and the seasonal or work-specific labor contract that has a duration of under 12 months will become a definite-term labor contract with a duration of 24 months. In case the two parties enter into a new labor contract with a definite term, only 1 additional definite-term labor contract may be signed; after that, if the employee continues working, an indefinite-term contract must be entered into. (Clause 2 Article 22 Labor 2012).

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

- Quynh - 

FDVN Law Firm

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