What is the latest form of employment contract for domestic workers in Vietnam? What are the contents of employment contract for domestic workers?
- What is the latest form of employment contract for domestic workers in Vietnam?
- What are the contents of employment contract for domestic workers in Vietnam?
- What are the obligations of the employer when entering into an employment contract for domestic workers in Vietnam?
- What are the obligations of employers when employing domestic workers in Vietnam?
What is the latest form of employment contract for domestic workers in Vietnam?
The latest form of employment contract for domestic workers is currently specified in Form No. 01/PLV, Appendix V issued together with Decree 145/2020/ND-CP, specifically as follows:
Download the latest form of employment contract for domestic workers: here
What is the latest form of employment contract for domestic workers in Vietnam? What are the contents of employment contract for domestic workers?
What are the contents of employment contract for domestic workers in Vietnam?
Pursuant to Article 89 of Decree 145/2020/ND-CP has the following provisions:
Regulations on domestic workers
1. Regulations on employment contracts mentioned in Article 14 and Clause 1 Article 162; responsibility to provide information when concluding employment contracts mentioned in Article 16; contents of the employment contract mentioned in Clause 1 Article 21; unilateral termination of employment contracts mentioned in Clause 2 Article 35, Clause 3 Article 36 and Clause 2 Article 162; obligations upon illegal unilateral termination of employment contracts mentioned in Article 40 and Article 41; severance allowance mentioned in Article 46 of the Labor Code shall be implemented as follows:
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c) Contents of the employment contract shall comply with Clause 1 Article 21 of the Labor Code. According to Form No. 01/PLV in Appendix V hereof, the employer and the employee shall negotiate their rights, obligations and interests that are suitable for their condition and conformable with Clause 1 Article 21 of the Labor Code;
An employment contract with an employee who is a domestic worker must ensure the contents of Clause 1, Article 21 of the Labor Code 2019 as follows:
-The employer’s name, address; full name and position of the person who concludes the contract on the employer’s side;
- Full name, date of birth, gender, residence, identity card number or passport number of the person who concludes the contract on the employee’s side;
- The job and workplace;
- Duration of the employment contract;
- Job- or position-based salary, form of salary payment, due date for payment of salary, allowances and other additional payments;
- Regimes for promotion and pay rise;
- Working hours, rest periods;
- Personal protective equipment for the employee;
- Social insurance, health insurance and unemployment insurance;
- Basic training and advanced training, occupational skill development.
What are the obligations of the employer when entering into an employment contract for domestic workers in Vietnam?
Pursuant to Article 90 of Decree 145/2020/ND-CP has the following provisions:
Obligations of the employer and employee
1. Fulfill all responsibilities prescribed in Articles 163, 164 and 165 of the Labor Code.
2. The employer shall send the People’s Committee of the commune a notice of the conclusion and termination of the employment contract (Form No. 02/PLV and 03/PLV in Appendix V hereof) within 10 days from the conclusion or termination date.
Accordingly, the employer must notify the commune-level People's Committee of the employment, termination of employment within 10 days from the date of signing the employment contract or terminating the employment contract.
What are the obligations of employers when employing domestic workers in Vietnam?
Pursuant to Article 163 of the Labor Code 2019, an employer, when employing a domestic worker, has the following obligations:
- Fully implement the agreement as indicated in the employment contract.
- Pay the domestic worker an amount of his/her social insurance and health insurance premiums in accordance with the law for the domestic worker to manage insurance by themselves.
- Respect the domestic worker’s honor and dignity.
- Provide clean and hygienic accommodation and dining place for the domestic worker, where there is such an agreement.
- Create opportunities for the domestic worker to participate in educational and occupational training.
- Cover the cost of the travel expenses for the domestic worker to return to their place of residence at the end of his/her service, except in cases where the domestic worker terminates the employment contract before its expiry date.
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