Chương 3 Nghị định 44/2013/NĐ-CP: Nội dung hợp đồng lao động đối với người lao động được thuê làm giám đốc trong doanh nghiệp có vốn của nhà nước

Chapter 3.

CONTENT OF LABOR CONTRACTS APPLIED TO EMPLOYEES WHO ARE HIRED TO DO AS DIRECTORS IN ENTERPRISES WITH CAPITAL CONTRIBUTED  BY THE STATE

Article 6. Content of labor contracts applied to employees who are hired to do as directors in enterprises with entire capital owned by the State

1. Name, address of enterprises with entire capital owned by the State; full name; date of birth; ID number of the Chairperson of Members' Council or the President of Company.

2. Full name; date of birth; gender; nationality; professional qualifications; address of residence; ID number or other lawful papers as prescribed by law of the person who is hired director.

3. Two parties shall define the duration of labor contract that is between full 12 months and 36 months.

Time limit for the employer and the hired director to agree for termination of labor contract or extension of labor contract or concluding a new labor contract shall be agreed by two parties but not exceed 45 days before the expiry day of labor contract.  In case of prolonging duration of labor contract, duration of labor contract shall be agreed by parties but not exceed 12 months.

4. Works entitled to do, works not entitled to do and responsibilities for implementation of work of the hired directors shall comply with regulations of law.

5. Working loacation of the hired directors.

6. Content, time limit, responsibilities for protection of business secret, technological secret of the hired directors and handling of offences.

7. Rights and obligations of the employer, including:

a. To assure capital, assets and other force sources for the hired director to implement his/her work.

b. To provide information for the hired director to implement his/her work;

c. To inspect, supervise, assess the efficiency of work implementation of the hired director;

d. To issue the working regulation of director;

dd. Other rights and obligations as prescribed by law;

e. Other rights and obligations agreed by two parties.

8. Rights and obligations of the hired director, including:

a. To implement the works already concluded;

b. To report difficulties during the course of implementation of work already concluded and propose remedial solutions;

c. To report situation of management and use of capital, assets, laborers and other force sources;

d. Other rights and obligations as prescribed by law;

e. Other rights and obligations agreed by two parties.

9. Benefits of the hired director, including:

a. Annual salary, advance amounts and payment of salary, the salary rising regime;

b. Bonus, advance amounts and payment of bonus;

c. The time for work and the time for rest;

d. Social insurance, medical insurance, unemployment insurance as prescribed by law;

dd. Training and improving the qualifications and skills to implement the works already concluded;

e. Equipment for working,means for travelling, information, contact, and other supplementations;

g. Other benefits agreed by two parties.

10. Conditions, process, procedures for amending and supplementing labor contract, unilaterally terminating labor contract.

11. Powers and duties of the employer and the hired director when labor contract is terminated.

12. Labor discipline, material duties, settlement of labor disputes and complaints.

13. Other agreements.

Article 7. Content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed by the State

Content of labor contract applied to employees who are hired to do as directors in enterprises with capital contributed by the State shall be agreed by Members' Council or Board of Directors and the hired director for application of provisions in Artice 6 of this Decree.

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