Are Vietnamese guest workers under directly-concluded contracts required to participate in social insurance?
Are Vietnamese guest workers under directly-concluded contracts required to participate in social insurance?
Clause 1, Article 51 of the Law on Vietnamese guest workers 2020 stipulates Vietnamese guest workers under directly-concluded contracts shall have the rights to:
- receive information on policies, regulations and law on Vietnamese guest workers from specialized labor agencies affiliated to People’s Committees of provinces and overseas Vietnamese missions;
- receive protection of legal rights and benefits from overseas Vietnamese missions according to regulations and law of Vietnam and of host countries, international laws and practices while working abroad; receive advice and assistance to execute rights and obligations, and receive benefits according to employment contracts;
- benefit from fund for overseas employment; other rights according to this Law and relevant law provisions;
- transfer salary, wages, income, and other legal assets of individuals according to regulations and law of Vietnam and of the host countries.
In addition, Vietnamese guest workers under directly-concluded contracts shall have the obligations according to Clause 2, Article 51 of the Law on Vietnamese guest workers 2020 as follows:
- register employment contracts;
- execute provisions under employment contracts and regulations of workplace;
- participate in social insurance, medical insurance, unemployment insurance according to Vietnamese regulations and law and other forms of insurance according to regulations and law of host countries.
- submit income tax according to regulation and law of Vietnam and of host countries;
- contribute to fund for overseas employment according to this Law;
- register citizen status at overseas Vietnamese missions in host countries.
Thus, according to regulations on the obligations of Vietnamese guest workers under directly-concluded contracts, Vietnamese guest workers must participate in social insurance according to Vietnamese regulations and law and other forms of insurance according to regulations and law of host countries.
Are Vietnamese guest workers under directly-concluded contracts required to participate in social insurance? (Image from the Internet)
What is the employment format for Vietnamese guest workers?
Article 5 of the Law on Vietnamese guest workers 2020 stipulates the employment format for Vietnamese guest workers as follows:
- Contracts for bringing Vietnamese workers to work abroad signed with service providers for implementation of international agreements.
- Contracts or written agreements regarding bringing Vietnamese workers to work abroad signed with any of following enterprises, organizations and individuals:
+ Vietnamese enterprises providing guest worker service;
+ Vietnamese enterprises awarded with contracts for foreign constructions and/or projects;
+ Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement;
+ Vietnamese organizations and individuals making outward investment.
- Employment contracts between Vietnamese workers and foreign employers.
What are the prohibited acts in bringing Vietnamese workers to work overseas?
Pursuant to Article 7 of the Law on Vietnamese guest workers 2020 as follows:
Prohibited acts in bringing Vietnamese workers to work overseas
1. Manipulating, inciting, promising, advertising, providing false information or employing other tricks to deceive workers; exploiting provision of Vietnamese guest workers services to conduct illegal migration, human trafficking, labor abuse or other violations against regulations and law
2. Assisting workers or acting workers to follow up procedures for bringing workers to work abroad before without consensus of competent authorities as specified under this Law.
3. Forcing, manipulating, inciting or tricking Vietnamese workers to stay abroad.
4. Discriminating; humiliating workers; abusing workers in affairs related to bringing Vietnamese workers to work abroad.
5. Providing Vietnamese guest worker service without license; using license of other enterprises or lending enterprise license to other individuals to provide Vietnamese guest worker service.
6. Assigning provision of Vietnamese guest worker service to branches of enterprises in a manner that contradicts this Law.
7. Exploiting preparation of workforce and selection of workers for work abroad to charge workers for money against the law.
8. Charging workers with broker fees.
9. Charging workers with service fees against this Law.
10. Adopting measures other than deposit payment and guarantee specified under this Law to ensure execution of obligations.
11. Working abroad or bringing Vietnamese workers to work abroad in a manner that violates national security, social security and safety, social morality, worker’s health and community or in a manner that is rejected by host countries.
12. Working abroad or bringing Vietnamese workers to work abroad in any of following professions:
a) Massage staffs in restaurants, hotels or amusement parks;
b) Professions that require regular contact with explosives, toxic substances in metal (copper, lead, mercury, silver, zinc) works; manganese, dioxide, mercury;
c) Professions that require contact with exposed radiation sources or professions that include extraction of radioactive ores;
d) Manufacturing and packaging professions that require regular contact with nitric acid, sodium sulfate, disulfur of carbons, pesticides, herbicides, rodenticides, antiseptic and highly toxic insecticide;
dd) Professions that include hunting dangerous beasts, crocodiles or sharks;
e) Professions that require regular stay in hypoxide or high pressure environment (underground or seabed);
g) Professions that include shrouding, cremating or bone collecting.
13. Working abroad or bringing Vietnamese workers to work abroad in any of following areas:
a) Active combat zones or potential active combat zones;
b) Radioactive areas;
c) Contaminated areas;
d) Areas with particularly dangerous epidemic(s).
14. Voluntarily staying overseas against the law after terminating employment contracts or vocational training contracts.
15. Obstructing, hindering or harassing workers or Vietnamese enterprises, organizations and individuals in bringing Vietnamese to work abroad.
16. Issuing license for provision of Vietnamese guest worker service to enterprises deemed ineligible according to this Law.
17. Utilizing fund for overseas employment in a manner that contradicts regulations and law.
Thus, there are currently 17 prohibited acts in bringing Vietnamese workers to work overseas according to the above regulations.
LawNet