Amendment of the ceiling wage under the Labor Export Brokerage Contract from May 15, 2024 in Vietnam
What is the ceiling wage under the Labor Export Brokerage Contract from May 15, 2024 in Vietnam? - Ms. Phuoc (Ha Noi)
Amendment of the ceiling wage under the Labor Export Brokerage Contract from May 15, 2024 in Vietnam
According to Article 7 of Circular 21/2021/TT-BLDTBXH (amended by Clause 5 Article 1 of Circular 02/2024/TT-BLDTBXH taking effect on May 15, 2024), from May 15, 2024, the ceiling wage under the labor export brokerage contract is regulated as follows:
- The ceiling wage under the brokerage contract, as agreed between the service company and intermediary organizations or individuals, shall not exceed 0.5 months of the worker's salary per 12 months of work.
- In the case of labor contracts with a duration of 36 months or more, the ceiling wage under the brokerage contract shall not exceed 1.5 months of the worker's salary per the labor contract.
Amendment of the ceiling wage under the Labor Export Brokerage Contract from May 15, 2024 in Vietnam - image from internet
What is the period for implementation of guarantee obligations for guest workers in Vietnam?
Pursuant to Article 57 of the Law on Vietnamese guest workers in 2020 stipulating period for implementation of guarantee obligations as follows:
Period for implementation of guarantee obligations
Period for implementation of guarantee obligations shall be agreed upon by service enterprises and service providers; if both parties fail to reach an agreement, guarantor shall implement guarantee obligations in a reasonable period indicated by service enterprises and service providers starting from the date on which guarantors receive notice of service enterprises and service providers on implementing obligations on behalf of workers.
As regulations above, the period for implementation of guarantee obligations for guest workers shall be agreed upon by service enterprises and service providers.
If both parties fail to reach an agreement, guarantor shall implement guarantee obligations in a reasonable period indicated by service enterprises and service providers starting from the date on which guarantors receive notice of service enterprises and service providers on implementing obligations on behalf of workers.
Can service enterprises unilaterally liquidate contracts for provision of Vietnamese guest worker service?
Pursuant to Clause 1.c and 2.i, Article 26 of the Law on Vietnamese guest workers in 2020 stipulating rights and obligations of service enterprises as follows:
Rights and obligations of service enterprises
1. Service enterprises have the rights to:
...
c) unilaterally liquidate contracts for provision of Vietnamese guest worker service after informing in form of registered mails 3 times within 180 days from the date on which workers terminate employment contracts without liquidating or legally authorizing other individuals to liquidate contracts, or within 180 days from the date on which workers extend employment contracts without executing rights and obligations under contracts for provision of Vietnamese guest worker service;
...
2. Service enterprises have the obligations to:
...
i) liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts;
...
As regulations above, service enterprises may unilaterally liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts.
Within 180 days, service enterprises may unilaterally liquidate contracts when:
+ Service enterprises may unilaterally liquidate contracts after informing in form of registered mails 3 times or legally authorizing other individuals to liquidate contracts;
+ Workers extend employment contracts without executing rights and obligations under contracts
What is the time for the liquidation of a guarantee contract for Vietnamese guest workers?
According to Clause 1 Article 11 of Circular 21/2021/TT-BLDTBXH, liquidation of guarantee contracts is as follows:
Liquidation of guarantee contracts
1. The time for the liquidation of a guarantee contract is 30 days from the date of termination of the guarantee, except for cases with different agreements of parties.
2. The liquidation of guarantee contracts shall be in a separate document or included in the guarantee termination document or guarantee termination agreement, specifying the extent of the implementation of agreed content in the guarantee contract of parties and responsibilities of parties (if any) due to the liquidation.
As regulations above, the time for the liquidation of a guarantee contract for Vietnamese guest workers is 30 days from the date of termination of the guarantee, except for cases with different agreements of parties.
Best regards!
