According to recommendation of Ho Chi Minh City Federation of Labor, the case where a laborer borrows dossier of the other to conclude an employment contract is considered to commit the principle of "Honesty" regulated at clause 1 Article 15 of the Labor Code No. 45/2019/QH14 . Accordingly, the employment contract shall be completely invalid.
However, the declaration of the invalidate employment contract in this case belongs to competence of the People’s Court under civil procedure (clause 4 Article 10 of Decree No. 145/2020/ND-CP), according to which enterprise has to lodge the request at the People’s Court in the location of its head office for declaration of the invalidate employment contract. According to clause 4 Article 8 of Decree No. 145/2020/ND-CP, when an employment contract is declared invalidate by the People’s Court, the work period under such invalidate employment contract shall not be included to calculate severance allowance or redundancy allowance.
Regarding procedures at the Court, they are regulated at Articles 362, 401 and 402 of the Civil Procedure Code No. 92/2015/QH13 .
|Published||Vietlaw's Newsletter No. 574|