Job Discussion Forums

[adr]

I am currently working in Hanoi. The school would like for me to sign a labor contract as opposed to a work contract. Is there any one that knows the differences between the two and how they would affect my status? Thank you in advance for your help.

[toiyeuthitmeo]

This is iffy, but it may help... generally in the English national newspaper "Vietnam News" which is of course promulgated by the Government and the Party, and seems to be a decent source of info, "Foreign Laborers" are defined as unskilled manual laborers, making a pittance on massive projects like mining, hydropower, and infrastructure. Teachers certainly have never been called "laborers" in the paper.

That being said, I'm unclear as to whether you're referring to a contract the school produced for your employment, or some kind of government / work permit type thing.

In the event that the school produced the contract and it is for your employ there, they can call it whatever they want and make whatever terms they want, and then choose not to honor it in three months and laugh at you when you point to it. That's their prerogative, but hopefully for you, not their modus operendi.

Good luck!

[CThomas]

Edit: See the post below. I've gotten labor contracts since I've been here; didn't know there was a difference. Evidently, there's a big one.

[generalgiap]

The work/employment contract is a contract written by the school, a labour contract is the govt. contract, it's green and is the contract that all Vietnamese sign. Most teachers do not have a Vietnamese Govt labour contract but an employment contract written by the school. However, a lot of foreigners working outside the EFL industry have this contract.

It's better to have the green govt labour contract because the school has to send it to the Department of Labour for many reasons. These contracts are written to protect the employee not the employer. Therefore, the school has to abide by this document and if they don't you have more recourse to take them to court etc.

Sign it asap.

[generalgiap]

The work/employment contract is a contract written by the school, a labour contract is the govt. contract, it's green and is the contract that all Vietnamese sign. Most teachers do not have a Vietnamese Govt labour contract but an employment contract written by the school. However, a lot of foreigners working outside the EFL industry have this contract.

It's better to have the green govt labour contract because the school has to send it to the Department of Labour for many reasons. These contracts are written to protect the employee not the employer. Therefore, the school has to abide by this document and if they don't you have more recourse to take them to court etc.

Sign it asap.

[esbam2002]

Not sure about Hanoi, but here in HCMC I know that there is a difference if you work at IPS/AHS between a labor contract and a work contract.

With them if you are blessed and are one of the few to actually get a work permit with IPS/AHS's prized name on it you are given a "Work Contract" and are seen by them as one of their full time teachers. What does this mean....not much of anything really. They claim that you will get the full highest pay, and benefits, but it in no way helps you with hours, and the few I have seen get it never saw their pay really go up, but this is what IPS/AHS claims.

Now if you are just the common stock and you are one of the many who was rejected, for one of any number of claimed reasons which could really just be excuses, and didn't get the prized IPS/AHS name on your work permit, and were sent other places by them, then you get a "Labor Contract" which really is the loop hole that they use to justify not paying you the higher pay, not giving you social benefits, but they are still taking 10% for taxes out of your pay each month, and really listing you as a "Contracted Teacher," even though you are working 25 hours a week and are a full time teacher there and not sent by anyone.

This is the only time I have seen a difference and the differences between the two.