What are the rights and obligations of Vietnamese guest workers?
What are the rights of Vietnamese guest workers?
Pursuant to the provisions of Clause 1, Article 6 of the 2020 Law on Vietnamese Guest Workers stipulating the rights of Vietnamese guest workers as follows:
Rights and obligations of Vietnamese guest workers
1. Vietnamese guest workers shall have rights to:
a) be provided with Vietnamese regulations and law on Vietnamese guest workers; policies, laws, customs and traditions of host countries related to the workers; rights and obligations of parties when working abroad;
b) be advised and assisted to execute rights, obligations and receive benefits under employment contracts and vocational training contracts;
c) benefit from salary, wages, medical examination and treatment policies, social insurance, occupational accident insurance, other policies according to employment contracts; inward transfer of salary, wages, income and other legal assets of individuals according to regulations and law of Vietnam and host countries;
d) be protected in terms of legal rights and benefits during period of working abroad under contracts conforming to regulations and law of Vietnam and host countries and international practices;
dd) unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad;
e) benefits from policies assisting labor, occupation and rights from Fund for overseas employment as per the law;
g) not pay social insurance or person income tax twice in Vietnam and host countries if Vietnam and the host countries have entered into agreements on social insurance or double taxation agreements;
h) complain, accuse and file lawsuits against violations to regulations and law in bringing Vietnamese workers abroad;
i) be advised, assisted in terms of employment and start-up after repatriating and access voluntary social psychological consulting service.
Thus, according to regulations, Vietnamese guest workers have the above rights.
What are the rights and obligations of Vietnamese guest workers? (Image from the Internet)
What are the obligations of Vietnamese guest workers?
Regarding the obligations of Vietnamese guest workers, according to Clause 2, Article 6 of the 2020 Law on Vietnamese Guest Workers, Vietnamese guest workers shall have obligations to:
- comply with regulations and law of Vietnam and host countries;
- preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;
- complete orientation education course before working abroad;
- submit service fees and deposit payments as specified under this Law;
- work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;
- compensate for violations of signed contracts according to regulations and law of Vietnam and host countries;
- repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation;
- submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;
- contribute to the fund for overseas employment.
What are the Government policies regarding Vietnamese guest workers?
The Government policies regarding Vietnamese guest workers are defined in Article 4 of the 2020 Law on Vietnamese Guest Workers as follows:
Government policies regarding Vietnamese guest workers
1. Encourage improvement of technical specialties of Vietnamese guest workers; effectively utilize and employ workforce returning from abroad.
Vietnamese guest workers operating in specific professions with high technical specialties or professions that Vietnam has an edge in shall benefit from specific policies in order to attract, promote and assist development of sectors and professions for working abroad and employment after returning suitable for socio-economic conditions from time to time according to the Government.
2. Protect legal rights and benefits of Vietnamese workers, enterprises, organizations and individuals in bringing Vietnamese workers abroad to work.
3. Expand international cooperation regarding developing a new and safe labor market, high paid jobs, specific professions to improve education level and crafts of Vietnamese guest workers.
4. Ensure gender equality, career opportunity and free of discrimination in recruiting and improving career skills, foreign languages and orientation for Vietnamese guest workers; develop measures to protect Vietnamese guest workers suitable with their gender.
5. Assist social integration and participation after returning.
Thus, according to current regulations, the Government has 05 policies regarding Vietnamese guest workers mentioned above.
In particular, the Government shall ensure gender equality, career opportunity and freedom of discrimination in recruiting and improving career skills, foreign languages and orientation for Vietnamese guest workers.
In addition, the Government also develops measures to protect Vietnamese guest workers suitable for their gender.
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