This Circular guides the signing of labor contracts for employers at cultural and service establishments such as nightclubs, karaoke venues, hotels, restaurants, coffee shops, etc., to ensure compliance with the Labor Code. This Circular takes effect from the date of issuance and is applicable in localities.
Scope of application
Employers at cultural and service establishments such as nightclubs, karaoke venues, hotels, restaurants, coffee shops, etc., and workers employed at these establishments.
Key points
- Employers at cultural and service establishments must enter into labor contracts in writing with workers according to the model form issued by the Ministry of Labor, Invalids and Social Affairs.
- The Department of Labor, Invalids and Social Affairs is responsible for guiding, urging, and inspecting the implementation of this Circular in localities.
- This Circular applies to establishments such as nightclubs, karaoke venues, massage services, hotels, guesthouses, rented apartments, dormitories, dining restaurants, coffee shops, refreshment shops that employ dancers, waitresses, and staff.
- This Circular takes effect from the date of issuance and is disseminated to employers and workers.
🌐 Social impact of this document
- Positive impact: Ensuring the rights of workers through the signing of labor contracts, creating a fair working environment.
- Negative impact: It may cause difficulties for small and medium-sized enterprises in complying with the requirements for contract models.
❓ Frequently asked questions
Which employers must sign labor contracts?
Employers at establishments such as nightclubs, karaoke venues, massage services, hotels, guesthouses, rented apartments, dormitories, dining restaurants, coffee shops, refreshment shops that employ dancers, waitresses, and staff must sign labor contracts.
Who issues the model labor contract?
The model labor contract is issued by the Ministry of Labor, Invalids and Social Affairs.
What responsibilities does the Department of Labor, Invalids and Social Affairs have in implementing this Circular?
The Department of Labor, Invalids and Social Affairs is responsible for assisting provincial People's Committees in guiding, urging, and inspecting the implementation of this Circular.
When does this Circular take effect?
This Circular takes effect from the date of issuance and is disseminated to employers and workers.
Who will resolve any issues encountered during implementation?
Any issues encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for research and resolution.
Full text
CIRCULAR
OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS
Guidelines for the conclusion of labour contracts in certain cultural and service activities
______________________________
Pursuant to Decree No. 198/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain Articles of the Labour Code on labour contracts; and Decree No. 88/CP dated December 14, 1995 of the Government stipulating administrative penalties for violations in cultural and cultural service activities and in preventing certain social evils, the Ministry of Labour - Invalids and Social Affairs provides guidelines for the conclusion of labour contracts in certain cultural and service activities as follows:1) Employers at establishments such as nightclubs, karaoke bars, massage services, hotels, guesthouses, convalescent homes, rented apartments, dormitories, restaurants, coffee shops, refreshment stalls that employ dancers, waitresses, staff (collectively referred to as workers) must conclude labour contracts in writing with workers according to the standard labour contract issued and uniformly managed by the Ministry of Labour - Invalids and Social Affairs.
2) The Department of Labour - Invalids and Social Affairs shall be responsible for assisting the People's Committees of provinces and centrally governed cities in guiding, urging, and inspecting the implementation of this Circular.
3) This Circular shall be disseminated to employers and workers at the establishments mentioned in Point 1 above and shall take effect from the date of issuance. Any difficulties encountered during implementation should be reported to the Ministry of Labour - Invalids and Social Affairs for study and resolution.
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