Seasonal staffing advisory vietnam 2026

Seasonal work, although short-term, attracts many workers because it doesn't require high qualifications and offers flexible hours. However, before signing the contract, both employees and employers need to pay attention to the following issues of peak season staffing legal requirements.

1. From 2021, with the elimination of seasonal contracts, what type of contract should be signed?

Previously, when there was a need to recruit seasonal workers, employers and employees could sign labor contracts for seasonal labor regulations vietnam or for a specific job with a duration of less than 12 months.

However, according to the new regulations in the 2019 Labor Code (effective from January 1, 2021), this type of contract has been eliminated. Instead, Article 20 of the Labor Code only recognizes two types of contracts:

a) An indefinite-term employment contract is a contract in which the two parties do not specify a term or termination date;

b) A fixed-term employment contract is a contract in which the two parties specify a term and termination date within a period not exceeding 36 months from the effective date of the contract.

Therefore, if seasonal employment compliance risks is required, the parties must sign a fixed-term employment contract. The specific term of this contract is still mutually agreed upon by the employee and the employer: 1 month, 3 months, 6 months, etc., but not exceeding 36 months.

2. Is a seasonal employment contract required to be in writing?

Based on Article 14 of the 2019 Labor Code, labor contracts can be concluded in one of the following forms:

• In writing.
• By data message.
• By oral communication.

Of these, written or data message labor contracts can apply to all types of contracts.

Oral labor contracts are only permitted for contracts under one month, except for contracts with domestic helpers, persons under 15 years of age, or groups of workers through an authorized representative for work lasting less than 12 months.

Therefore, when signing a labor contract for short-term workforce hiring rules, the parties must sign a written labor contract in the following cases:

• Hiring workers for one month or more.
• Hiring workers under 15 years of age (Clause a, Point 1, Article 145 of the 2019 Labor Code).
• Signing a contract with a domestic worker (Clause 1, Article 162 of the 2019 Labor Code).
• Signing a contract with a group of workers through an authorized representative (Clause 2, Article 18 of the 2019 Labor Code).

In other cases, the parties may enter into a contract verbally.

3. Are seasonal workers covered by insurance?

According to current regulations, to determine whether an employee is subject to social insurance (BHXH), health insurance (BHYT), and unemployment insurance (BHTN), it is necessary to refer to the type of employment contract that the employee has signed with the employer. Specifically:

* Social Insurance:

Based on Clause 1, Article 2 of the 2014 Social Insurance Law, employees who sign employment contracts of one month or more are subject to mandatory social insurance.

Monthly, both the employee and the employer must contribute to social insurance: The employee contributes 8%; the employer contributes 17.5%, including 3% to the sickness and maternity fund; 0.5% to the occupational accident and disease fund; and 14% to the retirement and death benefit fund.

* Health Insurance:

According to Clause 1, Article 1 of Decree 146/2018/ND-CP, employees working under fixed-term labor contracts of 3 months or more are required to participate in health insurance.

Monthly, employees contribute 1.5% of their monthly salary to the social insurance fund, while the employer contributes 3% to the health insurance fund.

* Unemployment Insurance:

According to Clause 1, Article 43 of the 2013 Employment Law, employees who sign labor contracts of 3 months or more are subject to unemployment insurance.

Each month, both the employee and the employer must contribute 1% of the monthly salary to the unemployment insurance fund.

Therefore, it can be seen that if working seasonally with a contract of 3 months or more, the employee will be covered by all types of insurance. If the contract is for a period of 1 to less than 3 months, the employee is only entitled to mandatory social insurance contributions.
 

Temporary labor cost compliance

4. Is it easy to quit a seasonal contract?

Temporary labor cost compliance are usually short-term, so employees and employers typically only sign short-term contracts from 1 to 6 months.

For labor contracts with a term of less than 12 months, both the employee and the employer can terminate the contract early quite easily. Specifically:

- Employee unilaterally terminates the contract: Only needs to give the company 3 working days' notice.
- Employer unilaterally terminates the contract:

+ Must have a reason stipulated by law and give the employee 3 working days' notice.
+ In cases where an employee voluntarily abandons their job for 5 consecutive working days or does not return after the contract suspension period: The contract may be terminated immediately without prior notice.

The above are some important notes for both employees and employers when signing seasonal staffing advisory vietnam. If you encounter any legal issues related to labor contracts, please contact our hotline of Faro Vietnam for prompt assistance.

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