Is Your Work Agreement Actually a Legal Labor Contract?
Question
A is a student working part-time, the shop owner has given A to sign a document of work agreement, which records information that the assignor is the shop owner, the employer is A, the tasks A must do, and the duration. working every day, the salary is calculated on a weekly basis, in cases where money is deducted, bonus money. A has worked there for 3 months, because A is sick, so he takes 3 days off.
When he came to work again, the shop owner said he had hired someone else. A proposed to pay A’s salary for the last week, but the shop owner said that A had taken an unexpected leave, the store lost money to find a replacement, so that money was deducted from A’s salary due to damage to the shop. row. The threat to A is that the work agreement is not a labor contract, so A has no grounds to sue.
Answer:
For an employment agreement be considered a labor contract, according to the provisions of Article 13 of the Labor Code 2019 on labor contracts:
1. Labor contract is an agreement between an employee and an employer on paid jobs, wages, working conditions, rights and obligations of each party in the labor relationship.
In case two parties agree by another name but with contents showing paid employment, salary and the management, administration and supervision of one party, it shall be considered as an employment contract.
2. Before accepting employees to work, the employer must enter into a labor contract with the employee.
Pursuant to Clause 1 above and A’s case, although A and the shop owner signed a work agreement, not a labor contract, the work agreement contained the content of paid employment, Salary and working time must be considered as a labor contract. And A can use this written agreement as a basis to sue the store owner for failing to comply with the signed initial payment agreement, ensuring his interests.
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