Open AccessLegal Considerations for Determination of Employment Relation and Employment Contract
Author(s) -
Nguyen Le Thu
Publication year - 2021
Publication title -
vnu journal of science: legal studies
Language(s) - English
Resource type - Journals
ISSN - 2588-1167
DOI - 10.25073/2588-1167/vnuls.4346
Subject(s) - scope (computer science) , relation (database) , employment contract , labour law , context (archaeology) , work (physics) , business , wage , industrial relations , law and economics , contract management , labour economics , law , political science , economics , marketing , computer science , engineering , mechanical engineering , paleontology , database , biology , programming language
The determination of employment relation is a complex legal issue, especially in the context that the newly adopted Labor Code 2019 extends its personal scope to worker working without employment relation. Also, the article on employment contract is supplemented in the way to consider all agreements on a work to be done, wage, management and supervision of one party to be employment contract, regardless of its name. These regulations are expected to better protect legitimate rights of employees, however, in practice, the implementation of such articles might be controversial because these above characteristics are not clear and based on the concept of employment relation which is not clear neither. This article will analyze some legal considerations which have been applied in the UK and European common law for determiningemployment relations and then provide some proposals for clarifying this concept.