Many drivers wonder if verbal agreements are legal when driving a truck. Are they recognized by law, and what potential risks are involved? This article by Xe Tải Mỹ Đình will analyze this issue in detail, helping you better understand your rights and obligations.
Verbal Agreements in Civil Matters
According to Article 119 of the 2015 Civil Code, entering into a contract verbally (also known as a verbal agreement) is entirely legal. This form is applied to many types of transactions, including buying and selling, transferring, and even lending money.
For example, buying and selling small items at a market, or a verbal sales agreement between a buyer and a seller, are considered contracts and have legal effect. The time of entering into a verbal contract is determined when the parties have agreed on the content of the contract.
People shaking hands, representing a verbal agreement
Verbal Labor Contracts for Truck Drivers: Are They Allowed?
Article 14 of the 2019 Labor Code stipulates that labor contracts must be concluded in writing. However, there is an exception for verbal labor contracts: contracts with a term of less than 1 month. This means that if you work as a truck driver for a term of less than 1 month, a verbal agreement is acceptable by law. However, there are still some exceptions as stipulated in Clause 2, Article 18, Point a, Clause 1, Article 145, and Clause 1, Article 162 of this Code.
Risks of Entering Into a Verbal Agreement as a Truck Driver
Although verbal agreements are recognized by law in some cases, this form carries many risks for truck drivers:
- Incomplete and non-detailed transaction content: This can easily lead to omissions of important terms, making it difficult to handle situations that arise during the performance of the contract.
- Difficulty determining the specific content of the contract: In the event of a dispute, it is very difficult to prove the content previously agreed upon. The lack of clear evidence makes it difficult to protect rights.
- Difficulty providing evidence in court: Without a written contract, proving verbal agreements is very difficult, affecting the dispute resolution process in court.
What Should Truck Drivers Do to Protect Their Rights?
To avoid the risks of entering into a verbal agreement, Xe Tải Mỹ Đình recommends that truck drivers prioritize signing a written labor contract. However, if you are forced to enter into a verbal agreement, keep the following points in mind:
- Agree on the full content: Ensure that the terms regarding work, salary, bonuses, responsibilities, insurance, etc. are clearly and specifically stated.
- Record audio, video, or have a witness: These are important pieces of evidence to help protect your rights in the event of a dispute.
- Keep relevant documents: Invoices, receipts, emails, messages, etc. are useful evidence to prove that agreements have been made.
Conclusion
Verbal agreements may be accepted in certain specific cases when driving a truck. However, to ensure rights and avoid potential risks, drivers should prioritize signing a written contract. If you are forced to use a verbal agreement, keep in mind the above-mentioned measures to protect your rights. Contact Xe Tải Mỹ Đình for more detailed advice on legal issues related to transportation.
