If unilaterally terminating an employment contract abroad due to sexual harassment at work, is it possible to receive financial support from the Fund for Overseas Employment Support?

Main Content

• Purpose of establishing the Fund for Overseas Employment Support
• Legal status of Fund for Overseas Employment Support
• Operating principles of the Fund for Overseas Employment Support
• Is unilaterally terminating an employment contract abroad due to sexual harassment supported by the Fund for Overseas Employment Support?

Purpose of establishing the Fund for Overseas Employment Support

Fund for Overseas Employment Support under the Ministry of Labor, War Invalids and Social Affairs of Vietnam to support the development, stabilization and expansion of the market; prevent, reduce and overcome risks to employees and businesses; protect the legitimate rights and interests of employees. The Fund's head office is located in Hanoi, has a website. The English transaction name of the Fund: Fund for Overseas Employment Support, abbreviated as FES.

Legal status of Fund for Overseas Employment Support

Article 4 of Decision 40/2021/QD-TTg of Vietnam stipulates the legal status of the Fund for Overseas Employment Support, specifically as follows:

1. Fund is an off-budget state financial fund, operating for non-profit purposes.

2. The Fund operates under the model of a public non-business unit that covers its own recurrent and investment expenses.

3. The Fund has its own legal status and seal, independent accounting, separate financial statements, and may open accounts at the State Treasury and commercial banks lawfully operating in Vietnam in accordance with the law.

Operating principles of the Fund for Overseas Employment Support

Pursuant to Article 6 of Decision 40/2021/QD-TTg of Vietnam stipulating principles of operation, financial and asset management, accounting, auditing and financial disclosure regimes of the Fund for Overseas Employment Support as follows:

1. Ensure publicity, transparency, thrift and efficiency, use for the right purposes and in accordance with the provisions of law.

2. Funds' revenues shall be transferred to the Fund's accounts opened at State Treasuries and commercial banks for use and management in accordance with law. The Fund may use up to 50% of the Fund balance of the preceding year to deposit with a term at a Vietnamese commercial bank, but the maximum term is not more than 03 years. Deposit level, deposit term and bank branch receiving deposit shall be decided by the Fund's Director based on the Fund investment plan approved by the Fund Management Council. Interest on bank deposits is added to the Fund's annual revenue.

3. Receive, manage and use aid and sponsorship in accordance with law.

4. Annually, the Fund's executive agency shall make estimates of the Fund's revenues and expenditures and regular expenditures on fund management activities and submit them to the Fund Management Council for approval.

5. Revenue, expenditure, finalization, financial disclosure and reporting regime in accordance with the Law on Accounting, the Law on State Budget and relevant documents.

6. Annually publicizing operation results and audit results in accordance with law on the portal of the Ministry of Labor, War Invalids and Social Affairs. Fund balance of the previous year is carried over to the following year for continued use.

7. Manage and use assets in accordance with the law on management and use of assets; regulations on management and use of public property.

Support employees who have to return home before the time limit due to unilateral termination of employment contracts

Is unilaterally terminating an employment contract abroad due to sexual harassment supported by the Fund for Overseas Employment Support?

According to Article 12 of Decision 40/2021/QD-TTg of Vietnam providing support for workers who have to return home ahead of time due to unilaterally terminating employment contracts when being abused or forced to work by their employers or there is a clear and immediate risk to life, health or sexual harassment while working abroad, namely:

1. Support level: from VND 7,000,000 to VND 20,000,000/case.

2. The employee or the employee's authorized person or the employee's legal representative shall send a request for support (Form according to Appendix I issued with this Decision) enclosed with 01 dossier evidence in one of the following forms: online, in person, by post or through an enterprise, organization or individual taking it to the Fund's operating agency. Profile include:

- A copy of the document on liquidation of the contract signed between the sending enterprise, organization or individual and the employee, clearly stating the reason for returning home ahead of time; or a document from the Vietnamese representative agency in the host country at the request of verification by the employee about the case, leading to the employee having to unilaterally terminate the employment contract or working record or case record made by the competent authority of the host country;

- Copy of the employee's passport;

- Power of attorney (specify content of authorization) or documents proving the right to represent at law as prescribed in case the authorized person or legal representative submits the dossier.

In case the application is submitted through an enterprise, organization or individual, the unit or individual shall make a list of employees requesting support, together with the employee's dossier, and send it to the Fund's executive agency (Form No. Appendix II issued together with this Decision).

3. Within 15 working days from the date of receipt of a complete dossier as prescribed, the Fund's executive agency shall check and compare the dossier and provide support as prescribed. In case of non-support, they must reply in writing and clearly state the reason.

Thus, in your case that you unilaterally terminate the contract due to sexual harassment, you will be supported by the Fund for Overseas Employment Support so that you can return home. The maximum cost you can receive from the Fund is VND 20,000,000. Above is some information about the Fund for Overseas Employment Support we provide to you. Best regards!