Understanding the precise moment when a labor relationship comes into existence is essential in employment law
Answer:
Legal basis:
– Article 5 of the Labor Law 2019
– Article 9 of Decree No. 12/2022/NĐ-CP dated January 17/2022
According to Clause 5, Article 3 of the Labor Law 2019, a labor relationship is a social relationship that arises from the hiring, utilization of labor, and payment of wages between workers, employers, representative organizations of both parties, and competent state authorities.
Thus, a employment relationship begins when an employer recruits a worker for their own work and continues for the entire duration of the worker’s employment.
As stipulated by the Labor Law, certain employment relationships arise immediately upon the signing of an employment contract, such as probationary contracts during the probation period, vocational training contracts during the probation period, and vocational training contracts during the vocational education and training period.
Depending on the specific agreements between the parties, if they agree, and the agreement is not called an employment contract, the competent state authority may determine that the agreement constitutes an employment contract based on the hiring, utilization of labor, and payment of wages between the parties in practice in the event of disputes.
In the event of a employment relationship arising under the provisions of Clause 5, Article 3 of the Labor Law 2019 without an employment contract being concluded, the competent authorities may administratively fine the employer for failing to conclude the employment contract, imposing fines ranging from VND 2,000,000 to VND 5,000,000 for each violation involving 01-10 workers.
In summary, the initiation of a labor relationship can vary based on specific circumstances and agreements between parties, highlighting the importance of clarity and compliance in employment practices.
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