In many labor relationships, in addition to the official labor contract signed between the employee and the business, the two parties often have additional agreements such as job offer letters, emails confirming bonus levels, or separate terms on commissions and welfare regimes. These agreements can be drawn up before or in parallel with the formal contract. The question is, when a dispute occurs, are agreements outside the labor contract recognized by law?
This is an important question, especially in the context of more and more businesses and employees making flexible agreements on remuneration policies, without fully updating the official contract. If workers do not clearly understand the law, they may be at a disadvantage when claiming benefits.
A labor contract is an official legal document that records all rights and obligations between the employer and employee. This is a mandatory legal basis and must comply with the provisions of the Labor Code.
Meanwhile, separate benefit agreements such as job offer letters, commission confirmation letters or internal emails are not labor contracts. Although it can reflect the goodwill of the business, if it is not officially integrated into the contract or does not have enough binding legal elements, it is unlikely to be of value when a dispute occurs.
According to current legal regulations, rights not recognized in the labor contract can only be protected if the conditions of an independent civil agreement are met. At that time, the employee needs to prove factors such as voluntariness, content that does not violate prohibitions of the law, and appropriate form.
Claiming benefits outside the labor contract in court is not simple. The court will consider the following factors:
Courts generally do not accept documents such as job offer letters or stand-alone emails if they are not clearly stated to be part of the employment contract. Private agreements must be signed by an authorized person, clearly state the terms of benefits, and especially must not conflict with the content of the official contract.
If there is evidence that the business has paid commissions or similar amounts under outside agreements, this will increase the possibility of being recognized by the court. However, if the employee has signed a commitment to "no more complaints" after leaving the job and receiving full benefits, it is very difficult to claim more.
The Labor Code stipulates that bonuses are optional and businesses have the right to decide based on business results, not necessarily specifically stated in the contract. Therefore, if the employment contract does not clearly mention the right to receive commissions or benefits, the court may view it as a discretionary right of the employer.
If the employee has signed a commitment to "no more complaints" after leaving the job and receiving full benefits, it is very difficult to claim more [/caption]Reality shows that workers can be at risk if private agreements are not standardized or lack a legal basis. To limit disputes and protect rights, note the following points:
As soon as you sign the labor contract, you should request that bonuses, commissions or special benefits (if any) be clearly stated in the document. If this is not possible, it is necessary to create a contract appendix or a separate agreement fully signed by the legal representative of the business.
All emails, messages, and meeting minutes containing confirmation of rights should be fully saved. When a dispute occurs, this will be important evidence to prove the will to agree between the two parties.
Many workers in the process of quitting their jobs are asked to sign confirmation that they have received full benefits. If there are still unpaid benefits, these documents should not be signed until they are resolved.
Do not sign a commitment to waive rights if the request remains unresolved [/caption]From experience in consulting and participating in resolving labor disputes, DEDICA realized that many workers lost their rights simply because they could not standardize external agreements. Our team of lawyers is ready to help you:
Draft clear contracts and appendices to avoid future disputes
Review internal documents to assess legal binding
Support collecting evidence and developing legal strategies if a dispute occurs
When there are any problems regarding rights in labor relations, let DEDICA be your reliable legal companion.
Hotline:(+84) 39 969 0012 (Support via WhatsApp, WeChat and Zalo)
Head office:144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, City. Ho Chi Minh
Business hours: Monday – Friday (8:30 – 18:00)
Contact us now to receive a free initial consultation from our team of professional lawyers!
Select a platform to view details
