What is the latest form of contracts for bringing Vietnamese workers to work abroad? What should be kept in mind when entering into a contract for bringing Vietnamese workers to work abroad?
- What are the notes for Vietnamese workers when entering into a contract for bringing Vietnamese workers to work abroad?
- What is the latest form of contracts for bringing Vietnamese workers to work abroad?
- In which cases does an enterprise prepare periodical reports when bringing Vietnamese workers to work abroad?
What are the notes for Vietnamese workers when entering into a contract for bringing Vietnamese workers to work abroad?
Pursuant to the provisions of Clauses 2 and 3, Article 14 of Circular 21/2021/TT-BLDTBXH, stipulating the content of a contract for bringing Vietnamese workers to work abroad as follows:
In case the a contract for bringing Vietnamese workers to work abroad is signed between the worker and the Vietnamese organization or individual investing abroad:
The contract must be consistent with the law of Vietnam, the law of the country or territory where the employee comes to work and have the following contents:
- Working term;
- Sectors and professions of work; countries and territories where workers come to work, and working places;
- Orientation education before going to work;
- Working conditions and environment; working time, rest time; occupational safety and hygiene;
- Salary and bonus (if any), overtime pay, deductions from salary (if any);
- Conditions for eating, living and traveling from place of residence to place of work; responsible for paying travel expenses from Vietnam to the workplace and vice versa;
- Medical examination and treatment regime and other benefits and regimes (if any); benefits and regimes of employees in case of occupational accidents, occupational diseases and other regimes;
- Compensation for damage caused by breach of contract;
- Mechanisms, procedures and applicable laws to resolve disputes;
- Other agreements not contrary to law and social ethics.
In case the a contract for bringing Vietnamese workers to work abroad is signed between the employee and the non-business unit:
The contract must be consistent with the law of Vietnam, the law of the receiving country and territory, and the international agreement specified in Clause 1, Article 42 of the Law on Vietnamese guest workers 2020, the labor supply contract signed with the foreign party receiving the labor (if any) and has the following contents:
- Working term;
- Sectors and professions of work; working country, working place;
- Orientation education before going to work; foster vocational skills, foreign languages (if any);
- Expenses the employee must pay before leaving;
- Working conditions and environment; working time, rest time; occupational safety and hygiene;
- Salary and bonus (if any), overtime pay, deductions from salary (if any);
- Conditions for eating, living and traveling from place of residence to place of work;
- Responsibility to pay travel expenses from Vietnam to the workplace and vice versa;
- Medical examination and treatment regime and other benefits and regimes (if any); social insurance, health insurance, occupational accident and occupational disease insurance;
- Compensation for damage caused by breach of contract;
- Deposits and guarantees to fulfill contractual obligations (if any);
- Liquidation of the contract;
- Mechanisms, procedures and applicable laws to resolve disputes;
- Other agreements not contrary to law and social ethics.
Thus, when entering into a contract for bringing Vietnamese workers to work abroad, the employee should pay attention to the above provisions and must ensure the mandatory contents while still being able to agree on other contents to protect their rights and interests.
What is the latest form of contracts for bringing Vietnamese workers to work abroad? What should be kept in mind when entering into a contract for bringing Vietnamese workers to work abroad? (Image from the Internet)
What is the latest form of contracts for bringing Vietnamese workers to work abroad?
Pursuant to the provisions of Clause 1, Article 14 of Circular 21/2021/TT-BLDTBXH as follows:
Content and form of contract for bringing Vietnamese workers to work abroad
1. The contract for bringing Vietnamese workers to work abroad was signed between the employee and the service enterprise, made according to Form No. 03, Appendix 01 issued together with this Circular.
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Sample for bringing Vietnamese workers to work abroad in 2022 is as follows:
View details and download the for bringing Vietnamese workers to work abroad in 2022: Click here.
In which cases does an enterprise prepare periodical reports when bringing Vietnamese workers to work abroad?
Pursuant to Article 15 of Circular 21/2021/TT-BLDTBXH, periodical reports are made as follows:
Periodic reporting regime
Periodic reporting regime of service enterprises, Vietnamese organizations and individuals investing abroad, non-business units bringing Vietnamese workers to work abroad, and enterprises bringing workers abroad Training and improving vocational qualifications and skills abroad are regulated as follows:
1. Annually, before December 20 of the reporting period, the above-mentioned enterprises, organizations and individuals shall make reports on the situation of bringing workers to work abroad under the contract according to the Form The outline of the report is provided in Appendix XIII to this Circular.
2. The report is presented in writing form and sent to the reporting agency by one of the following methods: direct or postal service or online.
3. The time to close the data reported in the annual report is calculated from December 15 of the year before the reporting period to December 14 of the reporting period.
Thus, enterprises must make periodical reports when bringing workers to work abroad in accordance with the above regulations.
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