I. Learn about teaching contracts at foreign language centers
A teaching contract at foreign language centers is a document that presents the labor or service relationship between a language center and a teacher.
Such a type of contract plays an important role in determining the responsibilities and rights of the participating parties, while also contributing to ensuring transparency and compliance with legal regulations in education.
II. Legal regulations on teaching contracts at foreign language centers
1. What is a teaching contract at foreign language centers?
Pursuant to Vietnamese law, a teaching contract at foreign language centers can be either labor contracts or service contracts. Such a contract establishes a cooperative relationship between the center and the teacher, clearly regulating the duties, rights, and responsibilities of both parties.
2. The role of teaching contracts at foreign language centers
Teaching contracts are an important legal basis to ensure the rights of teachers and foreign language centers. In addition to reaching a mutual agreement, signing contracts will help prevent disputes and ensure transparency in executing pedagogical business.
3. Contents of the teaching contract at foreign language centers.
Th teaching contract includes the following main contents:
- Information of the parties: Name, address, and contact information of the foreign language center and the teacher.
- Content and scope of work: Detailed description of pedagogical businesses, teaching schedule, and teacher qualifications.
- Salary and benefits policy: Salary, payment methods, and other benefits in detail.
- Responsibilities and rights of the parties: The responsibilities of the foreign language center towards the teachers, and the responsibilities of the teachers towards teaching and ensuring its quality in detail.
- Contract duration: The contract's validity period and renewal conditions in detail.
Among them, the content related to the pedagogical business plays the most important role in ensuring that it is implemented in accordance with regulations, meet the foreign language center's needs, and provide the best teaching quality for the foreign language center, thereby enhancing the foreign language center's reputation and quality.
III. Some questions about teaching contracts at foreign language centers
1. Subjects of teaching contracts at foreign language centers
The subjects of teaching contracts are the foreign language center and the teacher. The center must be a legal entity, licensed to operate, while the teacher must meet all the qualifications and teaching conditions.
2. The maximum duration of teaching contracts at foreign language centers
Pursuant to Article 20 of the Labor Code 2019, for teachers who are Vietnamese, labor contracts of specified duration cannot be signed more than twice consecutively. After two times, if the contract continues to be signed, it must be an unspecified duration contract.
Thus, the maximum duration of a teaching contract for a Vietnamese teacher cannot be determined, depending on the needs and agreements of the parties, unspecified duration contracts can be signed.
However, for foreign teachers, the duration of labor contracts for foreign workers in Vietnam must not exceed the duration of the work permit. The duration of the work permit is 02 years, which can be extended a maximum of 01 time with a maximum duration of 02 years. So, for foreign teachers, the maximum duration of a teaching contract is 04 years.
3. Is it possible to extend teaching contracts?
It is possible to extend teaching contracts; however, the extension must be agreed upon by both parties and comply with legal regulations regarding contract duration in each extension.
4. Is a foreign teacher with only a college degree in foreign languages qualified to teach foreign languages?
Pursuant to Clause 6, Article 18 of Circular 21/2018/TT-BGDĐT promulgating the regulations on organization and operation of foreign language and informatics centers, foreign teachers are qualified to teach foreign languages when they meet one of the following criteria:
- Having a college degree in foreign language pedagogy or higher;
- Have a college degree in foreign languages or higher, and a relevant foreign language teaching certificate;
- Having a college degree or higher, a foreign language proficiency certificate at level 5 or higher according to the 6-level foreign language proficiency framework for Vietnam or equivalent, and a relevant foreign language teaching training certificate.
Therefore, if the foreigner teaches with only a college degree in foreign languages, they do not meet the qualifications to teach foreign languages at the foreign language center.
5. Does the English language center have a probation period for foreign teachers?
Pursuant to Clause 1, Article 24 of the Labor Code 2019, employers and employees can agree on the probationary content written in the labor contract or agree on the probationary period by entering a probationary contract. And pursuant to Clause 3, Article 2 of the Labor Code 2019, foreign workers in this case, who are foreign teachers, are also subjects under the application of the Labor Code. Therefore, the English language center can conduct a probationary period for foreign teachers.
6. Where should enterprises apply for work permit issuance so that foreign workers can be legally employed in teaching when there are foreign language centers in multiple provinces?
Pursuant to point a, clause 1 of Decree 152/2020/ND-CP, amended and supplemented in point a, clause 11, Article 1 of Decree 273/2023/ND-CP, enterprises can submit dossiers for issuing work permits to the Ministry of Labor, War Invalids, and Social Affairs. In the case where the Center operates in multiple provinces, enterprises need to clarify the main working location of the employees in the dossiers for the convenience of the licensing Authority. Such work permits will be valid nationwide, but the declaration and management of labor must comply with regulations in each locality where the Center operates.
IV. Legal consulting services related to teaching contracts at foreign language centers
The demand for entering into teaching contracts at foreign language centers is currently very common. Understanding the legal regulations, the responsibilities of the parties, and the procedures when participating in signing teaching contracts will help the parties ensure their legal rights and interests. If you encounter issues in the negotiation and execution of teaching contracts at the foreign language center, it is necessary to seek support from legal experts for optimal solutions to ensure your rights and responsibilities. NGOC PHU LAW COMPANY LIMITED is a professional law firm with experience in providing legal advice and executing legal services related to teaching contracts at foreign language centers.
The above information addresses the issues related to teaching contracts at foreign language centers that NPlaw has sent to readers. If you have any related questions that need further clarification, please contact NPlaw using the following contact information:
