Do people working part-time need to sign labour contracts?

At present, part-time jobs have become popular for everyone. This is a good choice for students, housewives or freelance workers to earn extra income while studying, taking care of children or doing personal plans.

Now a question has arisen. Do part-time workers need to sign a labor contract? Do they have to pay social insurance?…

In this article, PL & Partners Law Firm will answer the above questions. Let’s find out!

1. WHAT IS WORKING PART-TIME?

Working part-time is when an employee has a shorter working time than the normal working time.

Typically, workers in our country work 8 hours/day and 5-6 days/week. Accordingly, part-time workers usually only work 4-5 hours/day and working hours during the week are arranged flexibly to suit the person’s schedule and the nature of the work.

People who often work part-time include students, housewives or freelancers. Popular jobs include servers, sales, writing articles, delivery, etc

Làm việc bán thời gian là sự lựa chọn của nhiều sinh viên, bà nội trợ, lao động tự do để vừa có thêm thu nhập vừa thực hiện mục tiêu riêng — *Working part-time is the choice of many students, housewives, and freelancers to both earn extra income and achieve their own goals.*

2. Do part-time employees have to sign labor contracts?

Pursuant to Clause 1, Article 32 of the Labor Code 2019:

“3. Part-time employee shall be entitled to receive salary, equal rights and obligations as a full-time employee; equal opportunity and treatment, and a safe and hygienic working environment.”

From there, it can be seen that part-time work is also considered a form of labor relations and there is no distinction between full-time and part-time employees.

Therefore, enterprises must also be responsible for concluding labor contracts with part-time workers and must ensure their rights according to labor laws.

3. Which form of labor contract can part-time employees sign?

Depending on the nature of the work, purpose, term, etc., the parties can agree to choose one of three forms of contract conclusion: written, verbal or electronic data.

Labor contract in writing.
Verbal labor contract: shall only be concluded when having a term of less than 01 month, except for:

- Seasonal works or certain jobs which have a duration of less than 12 months. (A group of employees aged 18 or older may authorize the representative of the group to conclude the written labor contract, in which case such labor contract shall be effective as if it was separately concluded by each of the employees);
- Contract with the employee under 15 years old; (the employer shall conclude a written contract with the under-15 employee and his/her legal representative)
- Contract with domestic workers. (The employer shall enter into a written labor contract with them)
Labor contract concluded via electronic means under the form of electronic data conformable with electronic transaction laws and shall have the same value as that of a physical contract.

*Part-time workers can enter into labor contracts in the following forms: In writing, verbal or via electronic means.*

4. Are part-time contracts subject to social insurance?

As analyzed above, despite employing part-time employees, the enterprise is still responsible for entering into a labor contract. Depending on the working term as agreed by the parties, a labor contract can be either a definite-term or an indefinite term contract.

The form of contract is the basis for determining whether the employer has to pay social insurance for the employee or not. Clause 1, Article 2 of the Law on Social Insurance 2014 stipulates:

“1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a) Those working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts, or contracts for certain jobs with a term from 3 months to under 12 months, also including labor contracts signed between employers and legal representatives of persons aged under 15 years under the labor law;

b) Those working under labor contracts with a term of between full 1 month and under 3 months;”

However, for people who don’t work for a full month, Clause 3, Article 85 of the Law on Social Insurance 2014 stipulates that:

“3. Employees who neither work nor receive salary for 14 working days or more in a month are not required to pay social insurance premiums in that month. This period shall not be counted for enjoyment of social insurance regimes, except cases of maternity leave.”

In short, part-time workers will be paid social insurance if they meet the following conditions:

Entering into a labor contract of full 01 month or more;
Non-working and unpaid time must not exceed 14 working days in a month;

Note:

Many businesses, when signing labor contracts with part-time workers, often name the contract with another name such as collaborator contract, cooperation contract, etc. However, if the contract contains provision of paid employment, salary, and management, administration and supervision of the enterprise is still considered a labor contract and is governed by the Labor Code.

*Part-time workers will be paid social insurance if they meet certain conditions.*

From the above-mentioned, we have shared with you the topic: “Do people working part-time need to sign labour contracts?”. Hope you find the above information useful for you.

If you need legal assistance, please don’t hesitate to contact us at:

PL AND PARTNERS LAW FIRM

Headquarters: 46^th Floor, Bitexco Financial Tower, No. 2 Hai Trieu, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam

Office: Lot 1.16 Viva Riverside, 1472 Vo Van Kiet, Ward 3, District 6, HCMC

Hotline: 093.1111.060

Email: info@pl-partners.vn

Facebook: www.facebook.com/PLLaw

Website: www.PL-PARTNERS.vn – www.HOIDAPLUAT.net – www.THUTUCPHAPLY.org

We are always ready to assist you.

The article is based on the current legal regulations at the time of writing, and it may no longer be valid or relevant at the time you read it due to changes in the law. The article, therefore, is seen as reference only.