Can an employment contract signed using someone else’s identity be declared invalid?
Recently, our firm handled a seemingly unusual case that actually happens quite often in practice. Client A came to DEDICA’s office holding two social insurance books, both in her name but with overlapping contribution periods.
The story began over 15 years ago when her younger sister, who was under 18 at the time, borrowed her ID to apply for a job at a company in an industrial zone. Wanting to start working immediately without age restrictions, the sister used A’s ID to sign the employment contract and contributed to social insurance for six months before leaving the job. Meanwhile, A herself was legitimately employed at another company during that period.
Time passed, and when she tried to withdraw her social insurance lump sum, she discovered the overlap, which left her records “stuck.” That was when she turned to DEDICA for legal assistance.
Employment Contracts Signed Under False Identity: Legal Regulations and Remedies
Not everyone anticipates the legal consequences of signing an employment contract using someone else’s documents. In reality, many workers—especially young or legally uninformed—borrow relatives’ identities for convenience. But what may seem harmless can carry serious risks, especially in labor disputes or when resolving social insurance benefits. So how does the law regulate this situation, and what remedies are available if a dispute arises?
When is an employment contract invalid?
Under Article 30 (clauses 1 and 4) of the 1994 Labor Code (as amended), an employment contract must be directly entered into between the actual worker and the employer. If someone uses another person’s ID to sign the contract, it clearly violates this principle.
Ms. L’s case, as detailed in Judgment 67/2024/LĐ‑ST by the People’s Court of Liên Chiểu District, is a prime example. The actual worker was her underage sister, yet the contract and social insurance were under Ms. L’s name. This is a deceitful practice that renders the contract void from the outset.
In this case, the court referenced documents, social insurance confirmations, and consistent testimony from both parties to declare the contract between “Ms. L” and the company void, as the wrong person was involved in signing.
Legal Procedure to Protect Your Rights
Not everyone knows how to handle a similar situation. Here are the steps that DEDICA guided Client A through and represented her during:
Gather evidence: Social insurance books, old ID copies, employment documents from the current company, and official records from the social insurance office to prove the overlap and discrepancy.
Request conciliation at the local Labor‑Invalids and Social Affairs Office: This is a mandatory step before filing a lawsuit in labor disputes. If conciliation fails or is refused—as in this case—the worker may proceed to court.
File a lawsuit: With DEDICA’s support, all documents were prepared thoroughly. The court held a public hearing and declared the employment contract void in compliance with legal regulations.
No claims for consequences: In this case, Ms. L only wanted to clear the barrier preventing her from withdrawing social insurance and did not seek compensation or other benefits. This is a common, amicable resolution when both parties act in good faith.
How Employers and Employees Can Avoid “Voiding” Contracts
A voided employment contract harms not just the worker's rights but also exposes the employer to legal risks, wasted resources, and reputational damage. With recruitment becoming more diverse and complex, preventing risks from the start is crucial. What simple but effective steps can employers and employees take to avoid contract invalidation?
Effective Preventive Solutions from a Legal Perspective
For employers: Carefully verify applicants’ identities—not just by checking documents but also by in-person verification. Particularly in industries relying on temporary or unskilled labor, requiring original ID and confirming identity in person is essential. If any discrepancies arise, create a formal record and delay signing the contract until clarity is achieved.
For employees: Never use someone else’s identity to get hired. Doing so jeopardizes your future rights and may cause legal trouble for others. If you do not meet age or other legal requirements, wait or seek opportunities that comply with the law to ensure you’re protected.
Seek legal advice early: In cases like this, timely specialist guidance can prevent prolonged disputes or losing rights altogether.
When facing issues with employment contracts or social insurance, don’t hesitate to consult a legal expert. DEDICA is proud to have successfully represented many labor law cases, protecting the legitimate interests of both workers and businesses.
Contact DEDICA Law Firm for in-depth legal consultation!
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