Does the employer have to sign an employment contract with a domestic worker? What are the contents of an employment contract signing with a domestic worker in Vietnam?
- Does the employer have to sign an employment contract with a domestic worker in Vietnam?
- What are the contents of an employment contract signing with a domestic worker in Vietnam?
- What are the obligations of employers when employing domestic workers?
- What are the regulations on the notification obligation of the employer when signing a contract with a domestic worker?
Does the employer have to sign an employment contract with a domestic worker in Vietnam?
Pursuant to Article 162 of the 2019 Labor Code of Vietnam stipulating as follows:
Employment contracts with domestic workers
1. The employer shall enter into a written employment contract with the domestic worker.
2. The duration of the employment contract for the domestic worker is negotiated by both parties. Either party has the right to terminate the employment contract at any time provided that an advance notice of 15 days is given.
3. The employment contract shall specify the salary payment method, period, working hours, accommodation.
Thus, the employer shall enter into a written employment contract with the domestic worker.
Does the employer have to sign an employment contract with a domestic worker? What are the contents of an employment contract signing with a domestic worker in Vietnam?
What are the contents of an employment contract signing with a domestic worker in Vietnam?
Pursuant to Article 89 of Decree 145/2020/ND-CP stipulating as follows:
Regulations on domestic workers
1. Regulations on employment contracts mentioned in Article 14 and Clause 1 Article 162; responsibility to provide information when concluding employment contracts mentioned in Article 16; contents of the employment contract mentioned in Clause 1 Article 21; unilateral termination of employment contracts mentioned in Clause 2 Article 35, Clause 3 Article 36 and Clause 2 Article 162; obligations upon illegal unilateral termination of employment contracts mentioned in Article 40 and Article 41; severance allowance mentioned in Article 46 of the Labor Code shall be implemented as follows:
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c) Contents of the employment contract shall comply with Clause 1 Article 21 of the Labor Code. According to Form No. 01/PLV in Appendix V hereof, the employer and the employee shall negotiate their rights, obligations and interests that are suitable for their condition and conformable with Clause 1 Article 21 of the Labor Code;
Thus, an employment contract signing with an employee who is a domestic worker must have the contents in Clause 1, Article 21 of the 2019 Labor Code of Vietnam:
- The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
- Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
- The job and workplace;
- Duration of the employment contract;
- Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
- Regimes for promotion and pay rise;
- Working hours, rest periods;
- Personal protective equipment for the employee;
- Social insurance, health insurance and unemployment insurance;
- Basic training and advanced training, occupational skill development.
What are the obligations of employers when employing domestic workers?
Pursuant to Article 163 of the 2019 Labor Code of Vietnam, an employer, when employing a domestic worker, has the following obligations:
- Fully implement the agreement as indicated in the employment contract.
- Pay the domestic worker an amount of his/her social insurance and health insurance premiums in accordance with the law for the domestic worker to manage insurance by themselves.
- Respect the domestic worker’s honor and dignity.
- Provide clean and hygienic accommodation and dining place for the domestic worker, where there is such an agreement.
- Create opportunities for the domestic worker to participate in educational and occupational training.
- Cover the cost of the travel expenses for the domestic worker to return to their place of residence at the end of his/her service, except in cases where the domestic worker terminates the employment contract before its expiry date.
What are the regulations on the notification obligation of the employer when signing a contract with a domestic worker?
Pursuant to Article 90 of Decree 145/2020/ND-CP, which stipulates the employer's notification obligation when signing a contract with a domestic worker as follows:
Obligations of the employer and employee
1. Fulfill all responsibilities prescribed in Articles 163, 164 and 165 of the Labor Code.
2. The employer shall send the People’s Committee of the commune a notice of the conclusion and termination of the employment contract (Form No. 02/PLV and 03/PLV in Appendix V hereof) within 10 days from the conclusion or termination date.
Thus, the employer shall send the People’s Committee of the commune a notice of the conclusion and termination of the employment contract within 10 days from the conclusion or termination date.
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