Latest 2023 sample agreement to postpone the implementation of the labor contract

The agreement to postpone the implementation of the labor contract is a document recording the agreement between the employee and the employer on temporarily not implementing the contract for a certain period. So how to write the agreement correctly according to the regulations? Please follow the following article of Mytour to find the answer.

What is the postponement of the labor contract? The latest sample agreement to postpone the implementation of the labor contract, leave without pay
 

* Abbreviation list:

- EEE: Employee.

- LEC: Labor contract.
 

1. Sample agreement to postpone the implementation of the labor contract and how to write it

- Currently, the law does not have specific regulations on the form to postpone the implementation of the contract. Therefore, this document will be made according to the will and agreement of the employee and the employer.

- Readers can refer to the sample agreement to postpone the implementation of the labor contract as follows:

Sample 1: Sample agreement to postpone the contract and take unpaid leave posted on the National Public Service Portal.

Sample 2: Sample agreement to postpone the contract created by the employee and the company.

* Download the full set of templates HERE

* How to write an agreement to postpone the implementation of the labor contract

When drafting a sample agreement to postpone the implementation of the labor contract, it is necessary to ensure the following contents:

- Business information: Record the accurate business name, business registration number, address, legal representative.

- Agreement content:

In the agreement to postpone the implementation of the labor contract, there must be the following information:

+ Employee information: Full name, position (specify the department, division, workshop worked).

+ Information about the labor contract that the employee is currently working on: Type of labor contract, the date the labor contract started.

+ Employee's social insurance number: Accurately record.

+ Issue of contract suspension: Clearly state the start date of the suspension (record the date, month, year), the suspension period of the labor contract (starting from ... day ... month ... year ... to ... day ... month ... year ...).

+ Reasons for requesting a suspension of the contract: Specify the reasons (according to section 2 of this article).

- Labor rights during the suspension of the labor contract period.

- Agreement on resuming the contract when the suspension period ends.

- The employee, the employer sign and clearly state their full names to confirm the agreed contents.

For those who wish to terminate the contract, they can use the Sample agreement to terminate the labor contract that we have shared.

2. When can the labor contract be temporarily suspended?

According to Article 1 of Article 30 of the 2019 Labor Code, employees in one of the following 08 cases are allowed to temporarily suspend the labor contract:

- Military service, Self-defense militia;

- Being detained, imprisoned;

- Must comply with the decision to apply measures to enter rehabilitation schools, compulsory detoxification establishments, or compulsory education institutions;

- Pregnant women with confirmation from health facilities that continuing to work will adversely affect the fetus;

- Employees appointed as managers of single-member limited liability companies wholly owned by the State;

- Authorized to represent the state capital owner at state-owned enterprises;

- Authorized to exercise the rights and obligations of the enterprise regarding its capital invested in other enterprises;

- Other cases agreed upon by the company and the employee.

When can an employee be temporarily suspended from work without pay?

3. Questions related to the suspension of the contract

3.1. Is prior notice required for contract suspension?

Articles 30 and 31 of the 2019 Labor Code stipulate the suspension of the labor contract, the rights and wages of the employee, and the re-employment of the employee after the suspension period, but do not specify the obligation to notify the suspension of the contract.

=>Therefore, prior notification to the company will depend on the company's rules and regulations.
 

3.2. Can social insurance be paid during the contract suspension?

According to Clause 4, Article 42 of Decision 595/QĐ-BHXH, if the suspension period of the contract is 14 working days or more in a month, the employee will not be required to pay social insurance for that month.

Here is a sample agreement to suspend the implementation of the labor contract that employees and employers can refer to. Depending on the specific case, the parties may agree to use either the Decision to temporarily suspend the contract or a different agreement to temporarily suspend the contract and take unpaid leave. However, all documents must comply with the legal requirements.

Related to labor contracts, readers can also refer to the sample appendix to the labor contract that we have shared before.