Do off-contract benefit agreements have legal validity in Vietnam?
In many employment relationships, beyond the official labor contract signed between the employer and employee, both parties often enter into additional agreements such as job offer letters, bonus confirmation emails, or private arrangements on commissions and welfare. These agreements may be made before or in parallel with the formal contract. The question is: when disputes arise, are these off-contract agreements legally recognized?
This is an important issue, especially as more businesses and employees agree on flexible compensation policies without fully updating the official contract. Without understanding the law clearly, employees may face disadvantages when claiming their rights.
Understanding the Difference Between Labor Contracts and Separate Benefit Agreements
A labor contract is a formal legal document outlining all the rights and obligations between an employer and an employee. It must comply with the Labor Code.
Meanwhile, separate benefit agreements such as job offer letters, commission confirmations, or internal emails are not considered labor contracts. Though they may reflect the employer’s goodwill, without being officially incorporated into the contract or having clear legal binding elements, these documents hold little weight in legal disputes.
According to current law, rights not recorded in the labor contract can only be protected if they meet the conditions of an independent civil agreement. Employees must prove factors such as voluntariness, legality of content, and proper form.
How Courts Evaluate Off-Contract Benefit Disputes
Claiming off-contract benefits in court is complex. The court will consider the following:
Legally Binding Documentation
Courts usually do not accept offer letters or isolated emails unless they are clearly stated as part of the labor contract. Separate agreements must be signed by an authorized representative, clearly state benefit terms, and not contradict the official contract.
Company’s Payment Commitment
If there is evidence that the company has paid commissions or similar benefits in the past based on such agreements, it strengthens the employee’s case. However, if the employee has signed a “no further claims” release upon resignation, additional claims may be dismissed.
Representation in the Labor Contract
The Labor Code stipulates that bonuses are discretionary and subject to company policy, not required to be detailed in the contract. Thus, if the labor contract omits specific mention of commissions or benefits, the court may consider them as optional benefits.
How to Protect Your Rights with Off-Contract Agreements
Employees face risks if these agreements are not formalized or legally grounded. To minimize disputes and protect your rights, consider the following:
Include All Terms in the Official Contract
When signing the labor contract, request to include all bonuses, commissions, or special benefits. If not feasible, create a separate annex or agreement signed by the company’s legal representative.
Preserve Complete Documentation
Keep all emails, messages, and meeting minutes confirming your entitlements. These serve as crucial evidence during disputes.
Do Not Sign Waivers If Benefits Are Still Unpaid
Avoid signing declarations that all entitlements have been settled if you still have outstanding claims.
Advice from DEDICA: Don’t Let Your Rights Become Empty Words
From our experience handling labor disputes, DEDICA sees many employees lose benefits due to informal agreements. Our legal team is ready to help you:
Draft clear contracts and annexes to avoid future disputes
Review internal documents for legal enforceability
Gather evidence and develop litigation strategies if disputes arise
If you have any issues with labor benefits, let DEDICA be your trusted legal partner.
Contact DEDICA Law Firm for expert legal consultation!
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