I start working in a company. They announce me that they will pay money instead of Social insurance as well as Health insurance. I did not accept this decision so the company didn’t sign the labor contract with me. Is it lawful in this case?
Based on Article 3, clause 1, point a and b of Law on Social Insurance 2014, Vietnamese employees in below cases are compulsory to participate social insurance:
Employees who sign indefinite- term labor contract, definite labor contract, seasonal labor contract, contract for a specific job from 3 months to under 12 months even labor contract between employer and employee who is under 15 years old as regulations of law on labor.
Employees who sign contract from 1 month to under 3 months.
As such, based on the above information, you are required to participate social insurance. As the company did not let you participate social insurance and health insurance, it is illegal.
I was hurt in an accidenct on the way to workplace. Is this accident considered as an occupational accident?
Article 45 of Law on labor safety and hygiene 2015 prescribed the conditions to enjoy occupational accident regime as follows: “Article 45. Conditions to enjoy occupational accident regime.Điều 45. Employees who participate occupation accident insurance or occupational disease insurance can enjoy the regime of occupational accident when they meet enough conditions as follows: 1. Get an accident as one of below cases: ………………………… c) On the way from domicile to the workplace or from the workplace to domicile in a reasonable time and right route. 2. Reducing the workability at least 5 percent because of an accident that is prescribed at clause 1. Thus, according to what you provide us, if you get an accident on the way to work at a reasonable time to be on time for work as well as get an accident on a usual road from permanent domicile or temporary domicile to workplace, they are all considered as an accident at work. In case of not meeting the requirement of time and place as prescribed, the accident will not be considered as an accident at work and can not enjoy the regimes as Law on Labor and Law on Social Insurance.
House - Land
Is a handwritten contract of sales and purchase for land between me and mr.A valid?
On February 1st, 2017, I have purchased a land parcel of mr.A without being notarized and authenticated of the authorized organization. At that time, I paid mr.A one- third of land value. In 2020, mr.A found that land value is increased gradually so that he asked me to get that parcel back. I didn’t accept so mr.A suits me at the Law Court to announce that the hand written contract that we made is invalid in term of law. I would like to know if our handwritten contract valid or invalid? What should I do to protect my right and benefit?
In this case, our answer is:
According to Article 167, clause 3, point a of Law on Land 2013:
“3. Document and paper notarizing and authenticating that perform the rights of the land user will be as follows:
a) “Contract of transfer, donation, mortgage, investment by land use right, land use right and assets attached to land must be notarized or authenticate”.
Your provided information is not clear so we will divide into these below cases:
Case 1: If you paid two- third of the land value in 2020:
According to Article 129, clause 2 of Civil Law 2015, invalid civil transaction due to non- compliance with the required form is prescribed as follows:
“Article 129. Invalid civil transaction because of non- compliance with the required form.
2. “In case of a civil contract that has been signed but not meet requirement of notarization and authentication, if one party or both parties has completed two- third of responsibilities in transaction, the Law court will certify the validity of the contract based on the party’s request. In this case, both parties must not to notary or authenticate.”
Thus, even though your handwritten contract is not notarized or authenticated as regulation, you already paid two- third of land value for mr.A. Therefore, this transaction as well as the contract is legally valid. You don’t need to notary or authenticate the contract but complete the rest of the payment for mr.A.
Case 2: In 2020, you don’t complete at least two- third of the land value in the contract for mr.A
Your handwritten contract is not notarized or authenticated as regulation of law. Furthermore, you only paid one- third of the land value in the contract for mr.A. Therefore, the handwritten contract is legally invalid.
However, it is lawful for one of parties suits the other at an assigned time in which that party asks the Law court to certify the invalid civil transaction due to non- compliance with the required form. Specifically, in Article 132, clause 1, point đ of Civil Law 2015, the statute is 2 years from the civil transaction confirmation day, if the statute is over but no one asks for announcing the invalid civil transaction, that civil transaction will be valid. Thus, currently, the statute for asking the Law court to cancel the validity of that handwritten contract is over. In conclusion, handwritten contract between you and mr.A is valid and you need to complete the rest of payment for mr.A.