This question is from Mr. Quang Vinh, an administrative staff of a company specializing in providing technology solutions in District 12, Ho Chi Minh City.
According to the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City, the provisions of Article 16 of the 2019 Labor Code on the obligation to provide information when entering into a labor contract clearly state:
- Employers must provide employees with truthful information about the job, workplace, working conditions, working hours, rest hours, occupational safety and hygiene, wages, forms of payment, social insurance, health insurance, unemployment insurance, regulations on protection of business secrets, protection of technological secrets and other issues directly related to the conclusion of the labor contract as requested by the employee.
- Employees must provide the employer with truthful information about their full name, date of birth, gender, place of residence, educational level, vocational skills, confirmation of health status and other issues directly related to the conclusion of the labor contract as required by the employer.
Clause 1, Article 17 of the 2019 Labor Code stipulates the acts that employers are not allowed to do when entering into and performing labor contracts: "Keeping the original identity papers, diplomas, and certificates of employees".
Students and workers apply for jobs at a job fair in Ho Chi Minh City.
Thus, according to the Department of Labor, Invalids and Social Affairs of Ho Chi Minh City, employees are obliged to provide information related to the conclusion of labor contracts to employers as required to ensure the above regulations.
In short, the Labor Code does not specify what specific documents an employee must submit to the company when the two parties enter into a labor contract. This means that the company will have the right to request the types of documents that the employee needs to submit.
Currently, a job application file includes a number of documents such as a copy of the ID card, application form, personal profile (CV), resume, health certificate, copies of relevant degrees and certificates, and portrait photo.
If the employee is recruited, the company will keep these documents for labor registration, social insurance participation, tax declaration, etc. However, the company is not allowed to keep the original identity papers, diplomas, and certificates of the employee. Therefore, employees should equip themselves with copies of the necessary documents when applying for a job position.
At the same time, when an employee quits, the company is responsible for completing the procedures to confirm the period of social insurance and unemployment insurance payment and returning them along with the original copies of other documents if the employer has kept them from the employee.
In addition, the company is also responsible for providing copies of documents related to the employee's work process if requested by the employee and the costs of copying and sending documents will be paid by the employer.
Source: https://thanhnien.vn/nguoi-lao-dong-vao-lam-viec-co-bat-buoc-phai-nop-ho-so-giay-to-ca-nhan-18524062010023061.htm
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