CONSULTING THE VOCATIONAL TRAINING CONTRACT

SUMMARY OF ALL THE ALLOWANCES WILL BE RECEIVED AFTER THE EMPLOYEE DIES
25/05/2018
REQUIRED CONDITIONS WHEN EXTENDING THE LABOR CONTRACT BY THE APPENDIX
05/07/2018

CONSULTING THE VOCATIONAL TRAINING CONTRACT

Questions of client:

The Vocational training contract was signed between my company and the employee with its duration from January 2017 to January 2018. After that, our company continued to sign a labor contract with one year duration from January 2018 to January 2019 and paid insurance to employee since January 2018 accordingly. However, in May 2018, both parties agreed to terminate the labor contract. I have some inquiries related to the above issues as follows:

1. Shall my company pay a severance allowance to the employee?

2. After a 01-year vocational training expires, can my company sign another the Vocational training contract with the employee?

Answer of Lawyer:

Dear Client,

Regarding your inquiries, please see my answers below for your kind references:

1. Pursuant to Point a, Clause 3, Article 14 of Circular No.05/2015/ND-CP is THE VOCATIONAL TRAINING DURATION of an employee shall be calculated into the actual working time as calculation of severance allowance.

In your case, your company has to pay half a month salary severance allowance for this employee.

2. With such a long training period, THE COMPANY NEED TO REGISTER THE VOCATIONAL TRAINING ACTIVITY.

The company organizes vocational training for employees only when having its THE SYLLABUS as well as CERTIFICATE which expresses the level of the trainees after they finish the vocational training course.

Therefore, your company signs a long-term vocational training contract that will be considered illegal.

Best regards.