Hiring Domestic Helpers: Is an Employment Contract Necessary? How Are Employers Penalized for Sexual Harassment of Employees?
Do You Need to Sign a Labor Contract When Hiring Domestic Helpers?
According to Article 161 of the Labor Code 2019 stipulating labor as domestic helpers as follows:
Labor as Domestic Helpers
1. Labor as domestic helpers refers to workers who regularly perform household work for one or multiple households.
Household work includes domestic chores, housekeeping, childcare, care for the sick, care for the elderly, driving, gardening, and other tasks for the household but unrelated to commercial activities.
2. The Government of Vietnam stipulates labor as domestic helpers.
Based on Article 162 of the Labor Code 2019 regarding labor contracts for domestic helpers as follows:
Labor Contracts for Domestic Helpers
1. Employers must enter into a written labor contract with domestic helpers.
2. The term of the labor contract for domestic helpers is agreed upon by both parties. Either party has the right to unilaterally terminate the labor contract at any time but must give at least 15 days' notice.
3. Both parties agree in the labor contract on the form of salary payment, payment period, daily working hours, and accommodation.
Thus, according to the regulations, when hiring domestic helpers, a written labor contract must be signed with the domestic helper.
Do You Need to Sign a Labor Contract When Hiring Domestic Helpers? What are the penalties for employers who sexually harass domestic workers? (Image from the Internet)
What are the Obligations of Employers When Employing Domestic Helpers?
According to Article 163 of the Labor Code 2019 it is regulated as follows:
Obligations of Employers When Employing Domestic Helpers
1. Fully implement the agreements made in the labor contract.
2. Pay the domestic helper for social insurance, and health insurance in accordance with the law so that the worker proactively participates in social insurance and health insurance.
3. Respect the honor and dignity of the domestic helper.
4. Arrange for clean and sanitary accommodation for the domestic helper if agreed.
5. Create opportunities for the domestic helper to participate in cultural, and vocational education.
6. Pay travel expenses for the domestic helper when they leave the job and return to their place of residence, except in cases where the domestic helper terminates the labor contract prematurely.
Thus, employers have the obligations defined above when employing domestic helpers.
What are the Penalties for Employers Who Sexually Harass Domestic Helpers?
According to Article 165 of the Labor Code 2019 specifying prohibited acts by employers as follows:
Prohibited Acts by Employers
1. Mistreatment, sexual harassment, forced labor, or using violence against domestic helpers.
2. Assigning work to domestic helpers that is not in accordance with the labor contract.
3. Retaining personal documents of the domestic helper.
Additionally, based on Article 30 of Decree 12/2022/ND-CP it is stipulated as follows:
Violations of Regulations on Domestic Helpers
1. A warning shall be imposed on the employer who commits one of the following acts:
a) Not entering into a written labor contract with the domestic helper;
b) Not paying travel expenses for the domestic helper when they leave the job and return to their place of residence, except in cases where the domestic helper terminates the labor contract prematurely.
2. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on the employer who commits one of the following acts:
a) Failing to notify the commune-level People's Committee about employing or terminating employment of a domestic helper as per regulations;
b) Committing repeated violations after receiving a warning for the acts specified in Clause 1 of this Article.
3. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed on the employer who commits one of the following acts:
a) Retaining the personal documents of a domestic helper;
b) Not paying the domestic helper for social insurance, health insurance as per laws for the worker to proactively participate in social insurance and health insurance.
4. A fine from 50,000,000 VND to 75,000,000 VND shall be imposed on the employer who commits the act of mistreatment, sexual harassment, forced labor, or using violence against the domestic helper but not to the extent of criminal prosecution.
5. Remedial measures
a) Employers are required to enter into a written labor contract with the domestic helper when violating the provision at Point a, Clause 1 of this Article;
b) Employers are required to pay sufficient travel expenses for domestic helpers for violations specified at Point b, Clause 1 of this Article;
c) Employers are required to return personal documents to domestic helpers for violations specified at Point a, Clause 3 of this Article;
d) Employers are required to pay sufficient social insurance, and health insurance contributions to the domestic helper for violations specified at Point b, Clause 3 of this Article.
Thus, penalties for employers who sexually harass domestic helpers are as follows:
- Administrative fine of 50,000,000 VND to 75,000,000 VND for employers who commit sexual harassment against domestic helpers but not to the extent of criminal prosecution.
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