The conclusion of labor contracts with multiple employers is the right of the employee. Ensuring the full implementation of the contents of the concluded contracts is the responsibility and obligation of the employee.
Ms. Bui Thi Nhung's Company (Quang Ninh Province) signed subcontract labor contracts with some workers, who only work when there is a project. However, these employees have also signed labor contracts with another enterprise.
Ms. Nhung inquires whether her company needs to demand confirmation from the workers' current employers allowing them to work at her company.
Regarding this matter, Lawyer Tran Van Toan, Khanh Hung Law Office, Hanoi Bar Association responds as follows:
Article 21 of the Labor Code 2012 stipulates that employees can enter into labor contracts with multiple employers, but they must ensure full compliance with the contents agreed upon.
When employees enter into multiple labor contracts with various employers, they must ensure full compliance with their obligations as agreed in the signed contracts. They are responsible for arranging and managing their time reasonably, avoiding overlapping working hours stated in the contracts; ensuring their health, professional skills, craftsmanship, and completing the tasks assigned by the employers. They must not disclose proprietary technology or business secrets of one enterprise to another...
Entering into labor contracts with multiple employers is the right of the employees. Ensuring full compliance with the terms of all signed contracts is the responsibility and obligation of the employees. There are no regulations requiring employees to obtain confirmation from their current employers permitting them to sign other labor contracts with different enterprises.
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