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Sample Labour Contract

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0% found this document useful (0 votes)
19 views

Sample Labour Contract

Uploaded by

Hana Phú
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SOCIALIST REPUBLIC OF VIETNAM

OXFAM GREAT BRITAIN


Independent – Freedom – Happiness
No. C xxx/200x
===o0o===

The Labor Contract

We are from one side:

Employer: Steve Price-Thomas Nationality: British

Position: Country Programme Manager

On behalf of: Oxfam Great Britain (Oxfam GB)

Address: La Thanh Hotel, 218 Doi Can, Hanoi. Tel No.: 84-4-8325491

And from other side:

Employee: ….. Nationality: Vietnamese

Date of birth: ….. Place of birth: …

Occupation: ….

Address:

ID number: date of issue: place of issue:….


Agreed to sign this labour contract and engage to satisfy the following provisions:

Article 1: Time and Job of Labor contract.


Contract Type Open Ended
In line with normal Oxfam GB policy, the first ......... working days
of your employment will be regarded as probationary, during which
time you will receive advice and guidance in order to assist you in
becoming competent in performing the duties for which you have
been engaged. During your probationary period with Oxfam GB you
will undergo an induction programme under the guidance of your
Line Manager, Mr/Ms xxxxx. Should you at any time during this
Probationary Period
probationary period decide to terminate this employment or fail to
reach explicit performance targets, 7 days notice is required to be
given. This must be confirmed in writing by either party within 5
working days if given verbally. In the case that the probational
period is ended or at any time of the probational period, if you fail to
meet the requirement of the work, Oxfam GB reserves the right to
terminate the contract without prior notice.
Region International Division, East Asia, Vietnam.
Designation of post National
Your operating base will be xxx, although, during the course of your
employment, you may be required to move base on a temporary or
Location of work
permanent basis to any workplace controlled by Oxfam GB or be
recalled back to your normal place of residence.
Position
In this position you will report to Mr/Ms: xxx

If, in Oxfam GB’s reasonable opinion, there is a significant change


in Oxfam GB’s Programme of work, or in the wider situational
context in your country and /or region of deployment, you may be
Manager required to transfer some responsibilities and report on specific
functions via a redefined management line for a temporary period.
Similarly, staff reporting to you may be required to transfer their
reporting lines for a temporary period.

These are described in your Role Profile/Job Description and


objectives (agreed with your Line Manager after the start of
employment). Your role profile may be subject to reasonable
Duties and Responsibilities amendment from time to time. In addition you will be expected to
perform any task reasonably assigned to you by your Line Manager.

Article 2: Working conditions


Working time Your total normal hours of work will be 37.5 per week excluding
recognised meal breaks. Your exact working hours will be as per the
requirements of the job and as agreed with your Line Manager.

Your normal working days will be 5 days per week.

You may be required to work overtime outside your normal working


hours.
You shall be provided equipments/tools depending on your concrete
Equipments/Tools to be provided
jobs.
Your terms and conditions of employment are set out in this Terms
and Conditions, the prevailing Staff Handbook for Vietnam.. These
documents together constitute your contract of employment with
Oxfam GB. This, and all aspects of your employment will be subject
to the law in Vietnam only.

Should your operating base change during the course of your


employment, and then your terms and conditions of employment
will be subject to the law pertaining to the new operating location.
Terms and Conditions of Employment
Where the terms and conditions of this document differ from those
in the Staff Charters/Handbook, it is the terms and conditions of this
Labor contract which will be applied to determine your terms and
conditions of employment.

You are also required to comply with any organisational policies,


procedures and rules, including the attached Code of Conduct,
which may be amended from time to time. Up to date versions of
these can be located on Oxfam GB’s intranet site or via your Human
Resources Team.
Changes to your terms and conditions of employment can be made
by agreement between Oxfam GB and the recognised staff body
through the collective bargaining process. These changes will be
Amendments
incorporated into your contract, unless the parties to the negotiations
agree otherwise, and you will be notified in writing of any such
amendments.
Article 3: Obligations and rights of the Employee
1. Rights
Transport and Travel for work Adequate transportation will be provided to allow you to undertake
your official duties.

This does not include travel to and from your normal place of work.
You have to arrange means of commutation for travel to and from
normal place of work.

If Oxfam GB vehicles are used for private purposes you will be


responsible for providing the fuel and other necessary expenses.
You are required to abide by driving safety regulations including the
use of safety belts where fitted.

Actual expenses of journeys undertaken on behalf of Oxfam GB will


be reimbursed by Oxfam GB.
If you travel on official duty, you will be reimbursed for reasonable
out-of-pocket expenses. You should always travel by the safest and
most cost effective means. You should complete your claims in
accordance with Oxfam GB current accounting procedures, have
them properly authorised and submit them promptly to the
authorised person. You should attach all available receipts to the
claim. Check Oxfam GB’s expenses policy for additional
information.
In order to ensure correct payment of salary, it is important that you
discuss your tax status with your HR support person before you sign
this agreement and commence your employment with Oxfam GB.

Your role belongs in the Programme Job Family and is Level xxxx
Zone xxxx appointment and your monthly gross salary is (include
Personal Income Tax) USD xxxx.
Job Family, Level and Salary

Your gross starting salary (include Personal Income Tax) will be


USD xxxxx per annum

Oxfam salary’s level will be considered yearly on September,


thought your salary may be changed but the net salary for a year will
not be reduced.
Your annual salary will be paid in 14 instalments, of which the 13th
and 14th instalments are annual bonus.

Normally, your wages shall be paid directly into an account, which


appointed by you at the last working day of each month.

You will received the net salary after all such deductions as tax,
social insurance and other deductions comply with prevailing laws
of Vietnam are carried out.
Method of Payment
Oxfam GB endeavours to ensure wages are paid into your account
correctly. In the event of an overpayment, Oxfam GB employees
have an obligation to immediately notify Oxfam GB payroll of any
overpaid monies. The overpayment procedure will be applied in this
event and monies will be deducted from your salary by up to 4
instalments or out of your final salary payment. However, in
exceptional circumstances, and dependent on the degree of
overpayment the 4 instalments detailed above may be extended to a
more appropriate time period.
Pay is reviewed annually, but no increase is guaranteed. Staff rated
Pay Progression “not fully proficient” as a result of their performance management
review, will not receive a progression pay increase.
When you are required to make yourself available for duty outside
established working hours, time off in lieu may be allowed, with the
prior agreement of the manager. Overtime pay will not be offered
because of your salary according to this Labor contract has been
Time off in Lieu considered including the overtime salary.

If significant overtime is worked on a regular basis beyond the


reasonable expectation inherent in Oxfam GB's philosophy, there
should be a review of workload and staffing.
You are entitled to 24 days paid holiday per 12 months (pro-rata to
the contract length) to be taken by agreement with your manager. It
is not permissible to carry over holidays into the following year,
except in unusual circumstances or for operational reasons.

Your holiday year runs from the start of your employment with
Oxfam GB.

On leaving Oxfam GB, payment will be made in lieu of any holiday


entitlement not taken from your current holiday year entitlement.
Holidays
In addition, you are entitled to the statutory Public Holidays which
are outlined in the Staff Charter B/ Handbook for your country of
deployment which fall during the contract period on a pro rata basis
according to contract length and hours worked.

If, on leaving Oxfam GB, you have taken more holidays than you’re
pro rata entitlement for the current holiday year, an adjustment will
be made by way of deduction from any sums due to you. The
amount of any payment in lieu, or deduction, will be calculated as
1/260 of annual salary for each day’s holiday.
Insurance policies Oxfam GB has taken out a range of insurance policies with external
companies, which may provide cover for you in the following areas.
Oxfam GB reserves the right to make amendments to these policies
from time to time and, where necessary, to discontinue them.

To receive benefits under these policies you must have complied


with the relevant terms and conditions of the individual insurance
policy.

Please refer to the attached Staff Charter/Handbook for details on


insurance issues and/or contact your Regional HR team for advice.

Social insurance and Medical insurance according to the Laws


of Vietnam.

Oxfam GB has taken out the Social insurance and Medical insurance
in accordance with the Laws of Vietnam. According to this,
monthly, you will contribute 6% of your monthly salary and Oxfam
GB will contribute 17% of your monthly salary.
Medical provided under the Oxfam GB’s policy

Oxfam GB provides medical insurance cover for staff and


dependants as detailed in the Staff Charter B/Handbook for
Vietnam.

Life Assurance (Death in Service Payment)

From the beginning of this contract or deployment you will


automatically be covered by the Oxfam GB Life Assurance Scheme,
which is non-contributory. Should you die whilst in Oxfam GB
service, the lump sum benefit is paid to the dependants or
beneficiaries at the sole discretion of the Trustees (this provides an
opportunity to consider the circumstances of each case and ensure
that the interests of all dependants are taken into account).

Permanent Health Insurance

Please note that this offer of employment does not attract the benefit
of Permanent Health Insurance.

Personal Accident

You will be covered for personal accidents which result in


permanent disablement or major loss of limb(s)/eye(s). Details are
available from your Regional HR team.

Travel

All staff is covered by business travel insurance whilst travelling on


Oxfam GB business. Details are available from your Regional HR
team.

Personal Effects

Oxfam GB accepts limited responsibility for your personal effects


while you are on official duty. There is a maximum amount per
claim. The policy does not cover your partner or dependants.
Details are available from your Regional HR team.
Oxfam GB has a range of practices, which will give staff access to
Learning and Development opportunities for learning. Your regional HR team or line manager
will have more details.
The normal retirement age for Oxfam GB staff is 60 for male and 55
Retirement for female, although you can continue working up to the age of 65
with the consent of Oxfam GB.
Please refer to the attached Staff Charter/Handbook for details on
Sick Pay Provision sick pay provision and/or contact your Regional HR team for
advice.
Pension Scheme/End of Employment You shall be received allowance for end of employment/redundancy
Provision according to the provisions of Staff Charter/Handbook
In case of desire of unilateral termination this Labor Contract, you
must comply with the reasons and procedure of termination
Notice Periods provided in the Staff Charter/Handbook, and you have obligation to
give a notice of termination in writing before 45 (forty five) working
days of termination as well.
If you resign from Oxfam GB to work for another charity in the
same or a similar field, Oxfam GB reserves the right to request that
you do not work for Oxfam GB for all or part of your notice period.
Oxfam GB also reserves the right to request that you carry out your
Garden Leave duties as normal from home for all or part of your notice period,
therefore you would not be based on Oxfam GB premises. In either
instance you would continue to receive pay and all other contractual
benefits and therefore would not be free to take up alternative
employment until the notice period expires.
2. Obligations
You have obligation to fully complete the job assignment committed
in this Labor contract, in additionally you must return all
Implement of Labor contract
tools/equipments and other assets of Oxfam GB when terminated
this Labor contract.
Oxfam GB strives to operate and maintain a safe working
environment and safe systems of work. You are legally required to
adhere to Oxfam GB and workplace Health and Safety policies and
Health and Safety
procedures and take reasonable care for the safety of yourself and
others. Any breach of such could leave you liable to criminal, civil
or disciplinary action.
Grievance and Discipline:

Discipline The current disciplinary rules applicable to staff are set out in the
Oxfam GB’s Disciplinary Policy. You can obtain details of the
policy from your Regional Human Resources Team or from the
Intranet.

If you are dissatisfied with any disciplinary decision affecting you,


you should first raise this in writing with your Manager’s manager
of Regional HR Manager (RHRM). If the matter is not resolved at
that level, the subsequent steps in the current disciplinary procedures
are set out in the Disciplinary Policy and Procedures document.
You can obtain details from you Regional Human Resources Team
and the Intranet.

Grievance:

If you have any grievance relating to your employment, you should


first raise this by speaking to your Manager, where possible. If the
matter is not resolved at that level, the subsequent steps are set out
in Oxfam GB’s current Grievance Procedure, details of which you
can obtained from your Regional Human Resources Team and the
Intranet.

The basic disciplinary and grievance procedures do not exclude any


supplementary procedures that may be agreed with the recognised
staff bodies for the benefit of staff, for example when the stated
levels of authority and action, or the number of stages, do not fit the
particular part of the organisation. In the absence of any of the
officers specified in the procedures, the persons nominated to
discharge their duties during absence will act under the procedure

Full details and procedures can be found on Oxfam GB’s Intranet


site or obtained from your Regional Human Resources Team.
During the period of your employment with Oxfam GB you are
expected to afford priority to your job and, as a result, you may not
be employed by, or carry out any work for any other body which
conflicts with or hinders your ability to carry out your work
satisfactorily, without the written permission of the appropriate
manager within your work location.
Restriction on work outside Oxfam
GB In addition to the above, it is necessary for you to discuss with your
manager the details of any employment outside Oxfam GB and the
hours you wish to work outside Oxfam GB. You must also inform
your manager of any changes to hours worked elsewhere. In line
with the above paragraph your manager has the right not to give
permission for you to be employed by or carry out any work outside
Oxfam GB.
Staff should live within easy access to their place of work to ensure
that their work with Oxfam GB is not affected by excessive
Domicile
travelling. Oxfam GB does not provide or finance transport to and
from the place of work under normal circumstances.
Article 4. Rights and obligations of Employer
Assure job for the employee and fully complete the conditions
committed in the Labor contract.
Implement of Labor contract
Fully and duly pay the employee all the remuneration and benefits
as committed in the Labor contract and rules/policies of Oxfam GB.
Right to arrange, move work:
Arrangement and transfer the
employee Oxfam GB reserves right to arrange, transfer you from the current
work or work place to another work, or work place in meeting the
demand of the work.
Oxfam GB reserves the right to terminate the Labour contract, apply
Other rights discipline measures according to the Staff Charter/Handbook and
the laws of Vietnam.
Article 5: Execution provisions
Effective This Labour contract shall be come into effect since the date _____.
However, according to the Vietnamese laws the terms and
conditions of your employment of this Labor contract shall only
come into effect since you get any necessary work permit from the
competence authorities of Vietnam. In this case, this Labor contract
shall come into effect according to the provisions of work permit.

Although, this Labor contract is an open-ended contract, but if you


cannot get work permit or an extension from the competence
authorities of Vietnam for any reasons, this labor contract will
naturally terminate.
Other labour terms and conditions, which are not defined in this
Apply the Labor Code
contract, will be in accordance with the Vietnamese Labour Code.
This contract is made in 02 (two) copies in Vietnamese and 02 (two)
copies in English of equivalent value, each side keep one English
Counterpart copy and one Vietnamese copy. If any schedules of this Labor
contract are signed. Those schedules have equivalent value to this
Labor contract.

Oxfam GB Employee

Steve Price – Thomas _______________________

On behalf of Oxfam GB in Vietnam

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