Labor Law Q&A No. 3 in Vietnam: Two Jobs, Overtime, Notice Periods

Short answer: This article compiles labor law Q&A: whether employers may keep original diplomas and certificates of employees; whether employees may contract with two companies at the same time; maximum overtime hours; and employees’ right to unilaterally terminate labor contracts. Main basis: the Labor Code 2019.

Legal basis

• Labor Code 2019 — Article 17 (prohibited acts), Article 19 (concluding multiple labor contracts), Article 35 (employees’ unilateral termination of contracts), Article 107 (overtime);
• Law on Citizen Identification 2023 (citizen ID cards replacing people’s ID cards).

May employers keep original diplomas and certificates of employees?

No. Article 17 of the Labor Code 2019 strictly prohibits employers from keeping originals of personal papers, diplomas and certificates of employees. Other prohibited acts include:

• Requiring employees to implement monetary or other asset security measures for performance of the labor contract;
• Forcing employees to perform labor contracts to repay debts to the employer.

Employers may only request copies (compared with originals or certified copies) for dossier retention. Violations may be subject to administrative penalties in the labor sector.

May an employee work for two companies at the same time?

Yes. Article 19 of the Labor Code 2019 permits employees to conclude multiple labor contracts with multiple employers, but they must fully perform all agreed contents. Notes:

• Employees must guarantee working hours and work quality under each contract;
• When simultaneously concluding multiple labor contracts, social insurance and unemployment insurance are paid under the first labor contract;
• Must not disclose business secrets or technological secrets of one employer to another where a confidentiality agreement exists.

How much notice must an employee give to unilaterally terminate a labor contract?

Under Article 35 of the Labor Code 2019, employees have the right to unilaterally terminate labor contracts but must give prior notice of:

• At least 45 days for indefinite-term labor contracts;
• At least 30 days for definite-term labor contracts of 12 to 36 months;
• At least 03 working days for definite-term labor contracts under 12 months;
• Certain special cases (special occupations, maltreatment, unpaid salary, etc.) allow termination without prior notice.

Maximum overtime hours?

Overtime not exceeding 40 hours in 01 month; total normal working hours plus overtime not exceeding 12 hours in 01 day and not exceeding 40 hours in 01 month, 200 hours in 01 year (certain special cases not exceeding 300 hours/year). Employers must obtain the employee’s consent when organizing overtime.

Frequently asked questions

Is it lawful for a company to request the original diploma “for safekeeping”?

Not lawful, even if the employee voluntarily hands it over. This is an absolutely prohibited act; the employee has the right to demand return and to complain or denounce.

How is insurance paid when working for two companies?

Social insurance and unemployment insurance are paid under the first labor contract concluded. Health insurance is paid under the contract with the highest salary; occupational accident and disease insurance is paid under each contract.

Is severance allowance available when quitting without notice?

If the case is one where termination without notice is permitted by law, the prescribed benefits remain available. If the unilateral termination is unlawful, no severance allowance is available and compensation must be paid.

Notes on applying current legislation

When providing papers to employers, employees should only hand over copies; any request to keep originals or pay deposits is unlawful. Enterprises need to review recruitment and dossier storage processes to eliminate non-compliant requirements. Contact ANT Legal lawyers at 0966.475.966 for advice.

Common risks to note

• Keeping originals of employees’ diplomas, certificates and personal papers;
• Requiring deposits or escrow when concluding labor contracts;
• Organizing overtime exceeding statutory limits;
• Employees unilaterally terminating without proper notice periods.

How can ANT Legal help?

ANT Legal advises on labor law: labor contracts, internal regulations, discipline, contract termination, insurance and labor dispute resolution for both enterprises and employees. For prompt advice, please contact our lawyers at 0966.475.966.

Related articles

• Labor law Q&A No. (02)
• Labor law Q&A No. (01)
• Is it unlawful for employers to keep original diplomas and certificates of employees?
• What is a household business? Latest legal provisions on household businesses
• Order and procedures for registering changes of legal representatives for LLCs and joint-stock companies