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Article 1: Time and Job of Labor contract.

Contract Type

Open Ended

Probationary Period

As per Oxfam GB policy, your first few days at work will be probationary, during which you will receive guidance to help you become competent in your role. Your Line Manager, Mr/Ms xxxxx, will guide you through an induction programme during this period. If you decide to terminate your employment or fail to meet performance targets, 7 days notice is required. This must be confirmed in writing within 5 working days if given verbally. If you fail to meet the requirements of the job during the probationary period, Oxfam GB reserves the right to terminate your contract without prior notice.

Region

International Division, East Asia, Vietnam.

Designation of post

National

Location of work

Your operating base will be xxx, although, during the course of your employment, you may be required to move base on a temporary or permanent basis to any workplace controlled by Oxfam GB or be recalled back to your normal place of residence.

Position

………………………………..

Manager

In this position you will report to Mr/Ms: xxx

If, in Oxfam GB’s reasonable opinion, there is a significant change in Oxfam GB’s Programme of work, or in the wider situational context in your country and /or region of deployment, you may be required to transfer some responsibilities and report on specific functions via a redefined management line for a temporary period. Similarly, staff reporting to you may be required to transfer their reporting lines for a temporary period. In such cases, you will be informed in advance of the changes and provided with the necessary support to ensure a smooth transition. We understand that changes can be difficult and stressful, which is why we are committed to making the process as easy as possible for you and your team. Our aim is to maintain continuity of service and ensure that the impact of any changes is minimized. If you have any concerns or questions about the changes, please do not hesitate to reach out to your line manager or HR representative for further guidance and support.

Duties and

Responsibilities

These are described in your Role Profile/Job Description and objectives (agreed with your Line Manager after the start of employment). Your role profile may be subject to reasonable amendment from time to time. In addition you will be expected to perform any task reasonably assigned to you by your Line Manager.

Article 2: Working conditions

Working time

Your total normal hours of work will be 37.5 per week excluding recognised meal breaks. Your exact working hours will be as per the requirements of the job and as agreed with your Line Manager.

Your normal working days will be 5 days per week.

You may be required to work overtime outside your normal working hours.

Equipments/Tools to be provided

You shall be provided equipments/tools depending on your concrete jobs.

Terms and Conditions of Employment

Your employment terms are in this Terms and Conditions and Staff Handbook for Vietnam. Together, these documents make up your contract with Oxfam GB, subject to Vietnamese law. If your operating location changes, the new law applies. If this contract and the Staff Charters/Handbook differ, this contract governs. You must follow all policies, procedures, and rules, including the Code of Conduct, which you can find on Oxfam GB’s intranet site or from HR.

Amendments

Changes to your terms and conditions of employment can be made by agreement between Oxfam GB and the recognised staff body through the collective bargaining process. These changes will be incorporated into your contract, unless the parties to the negotiations agree otherwise, and you will be notified in writing of any such amendments.

Article 3: Obligations and rights of the Employee

1. Rights

Transport and Travel for work

We’ll provide transportation for your official duties, but not for commuting to and from your workplace. If you use Oxfam GB vehicles for personal purposes, you’ll have to pay for fuel and other expenses. You must follow driving safety rules and wear safety belts when available.

We’ll reimburse actual expenses for journeys on behalf of Oxfam GB. If you travel for work, we’ll cover reasonable out-of-pocket expenses. Please use the safest and most cost-effective means of transportation, and follow our accounting procedures and expenses policy. Attach all receipts to your claim and submit it promptly to the authorized person.

Job Family, Level and Salary

In order to ensure that you receive the correct payment of salary and avoid any potential tax issues, it is crucial that you have a discussion with your designated HR support person regarding your tax status prior to signing this agreement and starting your employment with Oxfam GB. This will allow you to clarify any questions or concerns you may have about your taxes and ensure that your salary is correctly calculated.

Additionally, it is important to note that your gross starting salary, which includes Personal Income Tax, will be USD xxxxx per annum. This salary will be subject to regular reviews based on company policy and your performance, which will allow for potential increases in the future.

By discussing your tax status with your HR support person, you can ensure that you are aware of any potential tax implications and are prepared to handle them appropriately. This will not only benefit you, but also Oxfam GB as a whole, as it will help to ensure compliance with all relevant tax laws and regulations.

Method of Payment

You will receive your annual salary in 14 instalments, with the 13th and 14th being annual bonuses. Your wages will be paid directly into an account of your choosing, on the last working day of each month. Your net salary, after tax, social insurance, and other deductions in compliance with Vietnamese law, will be paid to you. Oxfam GB ensures correct payment into your account, and any overpayments must be promptly reported to Oxfam GB payroll. Overpayments will be deducted from your salary in up to 4 instalments, or taken from your final payment. In exceptional circumstances, the 4 instalments may be extended to a more suitable period, depending on the degree of overpayment.

Pay Progression

Pay is reviewed annually, but no increase is guaranteed. Staff rated “not fully proficient” as a result of their performance management review, will not receive a progression pay increase.

Time off in Lieu

When you are required to make yourself available for duty outside established working hours, time off in lieu may be allowed, with the prior agreement of the manager. Overtime pay will not be offered because of your salary according to this Labor contract has been considered including the overtime salary.

If significant overtime is worked on a regular basis beyond the reasonable expectation inherent in Oxfam GB’s philosophy, there should be a review of workload and staffing.

Holidays

You are entitled to 24 days of paid holiday per year (pro-rated to the contract length) to be taken with your manager’s approval. Holidays cannot be carried over to the next year, unless under unusual circumstances or for operational reasons.

Your holiday year begins when you start working at Oxfam GB.

Upon leaving Oxfam GB, you will be paid for any unused holiday days from the current holiday year.

You are also entitled to statutory Public Holidays outlined in the Staff Charter B/ Handbook for your country of deployment. These will be pro-rated to your contract length and hours worked.

If you have taken more holidays than your current year’s pro-rata entitlement upon leaving Oxfam GB, an adjustment will be made by deducting the extra days from any payments due to you. The amount of payment or deduction will be calculated as 1/260 of your annual salary for each day of holiday.

Insurance policies

Oxfam GB has insurance policies to cover staff in different areas. To get benefits from these policies, staff must comply with the terms and conditions of each policy. Details on insurance issues are in the Staff Charter/Handbook or can be obtained from the Regional HR team.

Social and Medical insurance are provided according to the Laws of Vietnam. Staff contribute 6% of their monthly salary and Oxfam GB contributes 17%. Medical insurance details are in the Staff Charter B/Handbook.

The Oxfam GB Life Assurance Scheme covers staff from the beginning of their contract or deployment. The lump sum benefit is paid to dependants or beneficiaries at the discretion of the Trustees.

Staff are covered for personal accidents resulting in permanent disability or major loss of limb(s)/eye(s). Business travel insurance is provided for staff while on Oxfam GB business. Limited responsibility is accepted for staff’s personal effects while on official duty. Details for all policies are available from the Regional HR team.

Learning and Development

Oxfam GB has a range of practices, which will give staff access to opportunities for learning. Your regional HR team or line manager will have more details.

Retirement

The normal retirement age for Oxfam GB staff is 60 for male and 55 for female, although you can continue working up to the age of 65 with the consent of Oxfam GB.

Sick Pay Provision

Please refer to the attached Staff Charter/Handbook for details on sick pay provision and/or contact your Regional HR team for advice.

Pension Scheme/End of Employment Provision

You shall be received allowance for end of employment/redundancy according to the provisions of Staff Charter/Handbook

Notice Periods

In case of desire of unilateral termination this Labor Contract, you must comply with the reasons and procedure of termination provided in the Staff Charter/Handbook, and you have obligation to give a notice of termination in writing before 45 (forty five) working days of termination as well.

Garden Leave

If you resign from Oxfam GB to work for another charity in the same or a similar field, Oxfam GB reserves the right to request that you do not work for Oxfam GB for all or part of your notice period. Oxfam GB also reserves the right to request that you carry out your duties as normal from home for all or part of your notice period, therefore you would not be based on Oxfam GB premises. In either instance you would continue to receive pay and all other contractual benefits and therefore would not be free to take up alternative employment until the notice period expires.

2. Obligations

Implement of Labor contract

You have obligation to fully complete the job assignment committed in this Labor contract, in additionally you must return all tools/equipments and other assets of Oxfam GB when terminated this Labor contract.

Health and Safety

Oxfam GB strives to operate and maintain a safe working environment and safe systems of work. You are legally required to adhere to Oxfam GB and workplace Health and Safety policies and procedures and take reasonable care for the safety of yourself and others. Any breach of such could leave you liable to criminal, civil or disciplinary action.

Grievance and

Discipline

Discipline and grievance procedures for staff are outlined in Oxfam GB’s policies. If you have a disciplinary concern, raise it in writing with your Manager’s Manager or Regional HR Manager. If unresolved, follow the procedures outlined in the Disciplinary Policy and Procedures document. For grievances, speak with your Manager and follow the procedures in Oxfam GB’s Grievance Procedure. Additional procedures can be agreed upon with staff bodies for specific parts of the organization. Further details can be found on Oxfam GB’s Intranet site or obtained from your Regional Human Resources Team.

Restriction on work outside Oxfam GB

During the period of your employment with Oxfam GB, you are expected to prioritize your job. Therefore, you are not allowed to be employed by, or engage in work for any other organization that would conflict with or hinder your ability to perform your job to the best of your capabilities, without the written permission of your appropriate manager within your work location.

Moreover, it is necessary for you to discuss with your manager the details of any employment outside Oxfam GB. This includes the hours you wish to work outside Oxfam GB. You must also inform your manager of any changes to hours worked elsewhere. In accordance with the above paragraph, your manager has the right to refuse permission for you to be employed by or carry out any work outside Oxfam GB.

It is important to note that by limiting outside employment, Oxfam GB is ensuring that employees are focused on their job responsibilities. This enhances the quality of work produced by the employees. Additionally, the requirement for approval from your manager before taking on outside employment ensures that there is no conflict of interest between your job at Oxfam GB and any other employment. This also helps to maintain the integrity of Oxfam GB as an organization and ensures that employees remain committed to its mission.

Domicile

Staff should live within easy access to their place of work to ensure that their work with Oxfam GB is not affected by excessive travelling. Oxfam GB does not provide or finance transport to and from the place of work under normal circumstances.

Article 4. Rights and obligations of Employer

1. Obligations

Implement of Labor contract

Assure job for the employee and fully complete the conditions committed in the Labor contract.

Fully and duly pay the employee all the remuneration and benefits as committed in the Labor contract and rules/policies of Oxfam GB.

2. Rights

Arrangement and transfer the employee

Right to arrange, move work:

Oxfam GB reserves right to arrange, transfer you from the current work or work place to another work, or work place in meeting the demand of the work.

Other rights

Oxfam GB reserves the right to terminate the Labour contract, apply discipline measures according to the Staff Charter/Handbook and the laws of Vietnam.

Article 5: Execution provisions

Effective

This Labour contract shall be come into effect since the date _____. However, according to the Vietnamese laws the terms and conditions of your employment of this Labor contract shall only come into effect since you get any necessary work permit from the competence authorities of Vietnam. In this case, this Labor contract shall come into effect according to the provisions of work permit.

Although, this Labor contract is an open-ended contract, but if you cannot get work permit or an extension from the competence authorities of Vietnam for any reasons, this labor contract will naturally terminate.

Apply the Labor Code

Other labour terms and conditions, which are not defined in this contract, will be in accordance with the Vietnamese Labour Code.

Counterpart

This contract is made in 02 (two) copies in Vietnamese and 02 (two) copies in English of equivalent value, each side keep one English copy and one Vietnamese copy. If any schedules of this Labor contract are signed. Those schedules have equivalent value to this Labor contract.

Oxfam GB

Steve Price – Thomas

On behalf of Oxfam GB in Vietnam

Employee

_______________________

Người lao động

(ký và ghi rõ họ tên)

Người sử dụng lao động

(ký tên, đóng dấu)