A reader with an email daoxuanthux @ xx emailed to the Lao Dong Newspaper's Legal Advice Office asked: My labor contract was partially invalidated by the court because my salary is lower than the law. Can I get back my wages? Lawyer Bui Thi Nhung - YouMe Law Firm answers: Article 10, Section 2, Chapter 4 of Decree 44/2013 / ND-CP detailing the implementation of a number of articles of the Labor Code regarding labor contracts stipulating the handling of partially invalid labor contracts as follows:
1. Within 03 working days, after receiving the decision on announcement of the partial invalid labor contracts, the employer and employee must amend and supplement the labor contract by signing Annex of labor contract or concluding new labor contract as prescribed by law.
2. In time since labor contract is announced to be partially invalid untill two parties amend and supplement the part already announced to be invalid, rights and interests or employee shall be solved according to labor regulations, collective labor agreement (if any) and law provisions on labor.
If the invalid labor contract has salary lower than law provisions on labor, labor regulations, collective labor agreement that are applying, two parties may re-agree as prescribed in clause 1 of this Article. The employer shall return the difference between the agreed salary and the salary in the invalid labor contract according to the actual working time of employee but not exceed 12 months.
Thus, in case the labor contract is partially invalidated by the court if the salary is lower than the applicable provisions of the labor law, labor regulations, collective labor agreement, two parties will re-negotiating, the employer is responsible for reimbursing the difference between the agreed salary and the ineffective labor contract according to the employee's actual working time but not exceeding 12 months.