Failure to enter into a written labor contract in Vietnam with a domestic worker will be fined up to 3,000,000 VND?
How will the domestic helper perform the tasks?
Pursuant to Article 161 of the Labor Code 2019 stipulates as follows:
“Article 161. Labor is a domestic helper
1. A domestic worker is a worker who regularly performs household chores in one or more households.
Household chores include housework, housekeeper, child care, sick care, aged care, driving, gardening, and other household chores that are not related to the household. commercial activities.
2. The Government regulates labor as domestic helpers.”
Thus, the domestic helper will regularly perform the above-said regulations.
Failure to enter into a written labor contract in Vietnam with a domestic worker will be fined up to 3,000,000 VND?
Is it mandatory to sign a labor contract in Vietnam with a domestic helper?
Pursuant to Article 162 of the Labor Code 2019 stipulates as follows:
“Article 162. Labor contract for employees who are domestic helpers
1. Employers must enter into written labor contracts with domestic workers.
2. The term of a labor contract for an employee being a domestic worker shall be agreed upon by both parties. One party has the right to unilaterally terminate the labor contract at any time but must give at least 15 days notice.
3. The two parties agree in the labor contract on the form of salary payment, salary payment term, daily working hours, and accommodation.”
Thus, the employer is required to enter into a written labor contract with the domestic helper.
What obligations will the employer have towards the domestic worker?
Pursuant to Article 163 of the Labor Code 2019 stipulates as follows:
“Article 163. Obligations of employers when employing domestic workers
1. To fully implement the agreements entered into in the labor contract.
2. To pay the domestic worker social insurance and health insurance money according to the provisions of law so that the employee can actively participate in social insurance and health insurance.
3. Respect the honor and dignity of domestic helpers.
4. Arrange hygienic food and accommodation for domestic helpers if there is an agreement.
5. Create opportunities for domestic workers to participate in cultural and vocational education.
6. Paying for transportation when the domestic worker quits his job and returns to the place of residence, unless the domestic worker terminates the labor contract ahead of time.”
Accordingly, the employer must perform the obligations as prescribed above while employing the domestic worker.
Is there a penalty for not entering into a written labor contract in Vietnam with a domestic worker?
Pursuant to Article 30 of Decree 12/2022/ND-CP stipulates as follows:
“Article 30. Violations against regulations on labor as domestic helpers
1. A warning shall be imposed on the employer who commits one of the following acts:
a) Failing to enter into written labor contracts with domestic workers;
b) Failing to pay transportation fees when the domestic worker quits his job and returns to his/her place of residence, unless the domestic worker terminates the labor contract ahead of time.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the employer who commits one of the following acts:
a) Failing to notify the People's Committee of the commune, ward or township of the use of labor or termination of the employment of domestic workers as prescribed;
b) Have been sanctioned with caution for the violations specified in Clause 1 of this Article but continue to commit them.
3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on the employer who commits one of the following acts:
a) Keep identity papers of employees who are domestic workers;
b) Failing to pay social insurance and health insurance to employees being domestic workers as prescribed by law so that employees can actively participate in social insurance and health insurance.
4. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on employers who abuse, sexually harass, force labor, or use force against employees who are domestic helpers. family but not to the extent of criminal prosecution.
5. Remedial measures
a) Forcing the employer to enter into a written labor contract with the domestic worker when violating the provisions of Point a, Clause 1 of this Article;
b) Forcing the employer to pay full travel expenses for the domestic worker, for the violations specified at Point b, Clause 1 of this Article;
c) Forcing the employer to return the identity papers to the employees being domestic workers, for the violations specified at Point a, Clause 3 of this Article;
d) Forcing employers to pay social insurance and health insurance in full for domestic workers when violating the provisions of Point b, Clause 3 of this Article.”
Thus, acts of violating regulations on labor as domestic workers will be administratively sanctioned according to the above provisions.
In particular, the act of not entering into a written labor contract in Vietnam with the domestic worker, the employer will be warned and forced to take the remedial measure of entering into a labor contract in Vietnam. in writing with the domestic helper.
In case, the employer has been fined with warning but continues to violate, he will be administratively sanctioned from 1 million to 3 million dong.
LawNet
