[Download] Legal standard 2024 collaborator contract template

A collaborator contract is a type of contract created to record the legal agreement between a collaborator and a business. In the article below, 1C Vietnam will discuss common collaborator contract templates and some important regulations to ensure that the parties involved correctly identify the nature of this form of contract.

1. What is a collaborator contract?

A collaborator contract is an important legal document, signed by the service provider (collaborator) and the service user (organization, enterprise), the content includes the terms, rights and obligations of the two parties during the collaboration process.

In which, the collaborator will perform the work according to the agreement and receive remuneration from the service user. Signing a clear and transparent contract can ensure the rights of both parties, avoiding legal disputes in the future.

2. Popular types of collaborator contracts today

Currently, there are two types of collaborator contracts: labor contracts and service contracts. Depending on the content of the work, the collaborator's benefits, remuneration and the needs of the business to negotiate and sign a suitable contract.

• A collaborator contract is an employment contract.

Labor contracts are regulated in Article 13 of the 2019 Labor Code with the following specific contents:

1. An employment contract is established based on an agreement between an employee and an employer on paid work, wages, working conditions, as well as the rights and obligations of the parties.

In case the parties agree on a different name but agree on the content of the work with wages and salaries and are subject to the management, supervision and operation of one party, it is considered a labor contract.

2. Before accepting an employee to work, the employer must sign a labor contract with the employee. Or the employer needs to manage, operate and supervise the work performance of the collaborator.

At the same time, collaborators who are subject to certain working regulations of the employer are also considered to be working under a labor contract.

• A collaborator contract is a service contract.

According to Article 513 of the 2015 Civil Code, service contracts are specifically regulated as follows:

1. A service contract is signed based on an agreement between the service provider and the service user. In which, the service user must pay the service fee to the service provider according to the agreement in the contract.

2. If the enterprise recruits employees to work on projects or programs, provided that the employees are not bound by the rules and regulations of the unit; working time and location are free; remuneration is paid according to the assigned work, as well as advances and payments upon completion of the work. In that case, the collaborator contract will be considered a service contract and subject to the control of civil law.

3. Summary of the latest collaborator contract templates 2024

To help businesses better understand the nature and content required in a collaborator contract, 1C Vietnam is pleased to introduce the latest 2024 collaborator contract templates below:

3.1 Sample collaborator contract in the form of labor contract

To create a labor collaborator contract, the enterprise needs to fully update some of the following basic contents:

• Full name and address of the parties: This is mandatory information that must be clearly stated in the contract to identify the parties participating in the contract.
• Job content and working time: As the most important item, the parties must clearly define the work and time that the collaborator will perform.
• Salary: Salary, payment method and payment date will be related to the collaborator's benefits.
• Rights and obligations: The rights and obligations of the parties are stipulated in the Labor Code.
• Contract term: The term of an employment contract may be specified or indefinite.
• Dispute resolution: If any dispute arises during the contract performance, the parties will resolve it by conciliation. Otherwise, it will be resolved according to the provisions of law.

>>>>> Download now HERE

3.2 Service collaborator contract template

Service collaborator contract template is a fairly common type of contract. If your business is looking for business collaborator contract templates, sales collaborator contract templates, sales collaborator contract templates or design collaborator contract templates,... you can apply this service contract template.

In which, the collaborator will not be managed by the enterprise nor will he receive the enterprise's welfare policies. The complete service collaborator contract template will include the following basic contents:

• Name and address of the parties involved.
• Work content and deadline of collaborator.
• The value of the work the collaborator will perform.
• Payment method.
• Rights and responsibilities of businesses and collaborators.
• Provisions for resolving legal disputes during contract performance.

>>>>> Download now HERE

4. Legal regulations on collaborator contracts that HR needs to understand

Working as a collaborator is becoming more and more popular, so collaborators and HR need to pay attention to the legal regulations in the section below to ensure their rights.

4.1 Rights and responsibilities of collaborators with the business

The rights and obligations of collaborators are indispensable provisions in the contract, recognized by law to ensure the rights of both parties involved in the contract.

Collaborators will enjoy the following benefits:

• Receive remuneration by agreement: The salary of a collaborator is determined based on the agreement between the two parties. Remuneration is paid in many different forms, according to time, workload or work results.
• Safety guaranteed: Collaborators enjoy occupational safety and hygiene benefits according to the provisions of law.
• Leave according to regulations: Collaborators can rest according to the law, including weekly days off, holidays, Tet, annual leave, etc.
• Participate in activities at the enterprise: Collaborators can participate in cultural, sports and entertainment activities organized by the enterprise.

Contributors have the following responsibilities:

• Complete work as required by the business: Collaborators are responsible for completing work in accordance with the agreement with the business, including work content, time, location, etc.
• Preserve company assets: During the performance of work, collaborators are obliged to preserve company assets to avoid damage or breakdown.
• Comply with company regulations: Collaborators must comply with company regulations and rules while performing their work.

4.2 Do collaborators need to pay personal income tax?

According to Point i, Clause 1, Article 25 of Circular 111/2013/TT-BTC, it is stipulated as follows:

For collaborators who do not sign a labor contract or sign a labor contract for less than 3 months with a total income of 2,000,000 VND or more, the enterprise is responsible for deducting 10% personal income tax/income before paying the collaborator. If the collaborator's salary income is less than 2,000,000 VND, personal income tax is not required to be deducted .

4.3 Are collaborators required to participate in social insurance?

Collaborators will not have to pay social insurance if they sign a service contract and do not work under a labor contract. However, if a collaborator signs a labor contract but falls under one of the following factors, he/she will not have to pay social insurance:

• Working time from 14 days/month or less.
• Wages fall below regional minimum wage
• Labor contract term is less than 1 month.

Therefore, if employees do not want to pay social insurance, they should choose to sign a non-social insurance collaborator contract, also known as a service contract, or participate in voluntary social insurance if needed.

5. Things HR should keep in mind when signing contracts with collaborators

A collaborator contract is a type of contract signed based on an agreement between the business and the collaborator, ensuring the rights and obligations of the parties during the work process. To avoid future legal disputes, HR should pay attention to the following issues when signing a contract with a collaborator:

• Clearly identify the contract form that the collaborator wants to sign, whether it is an employment contract or a service contract.
• Clearly define the content of the work and the time the collaborator will perform.
• Clearly define the salary the collaborator will receive and the payment method.
• Clearly define the rights and obligations of businesses and collaborators.
• Clearly define dispute resolution terms if any arise during contract performance.

Above is all the information about the sample collaborator contracts that 1C Vietnam would like to send to your business. Thereby, individuals working as collaborators and businesses need to pay attention to the obligations of social insurance and personal income tax to sign the contract in accordance with regulations. If you have any questions about the types of contracts, please contact 1C Vietnam for answers.