Can workers who prematurely repatriate due to bankruptcy of foreign employers be supported in Vietnam?

Can workers who prematurely repatriate due to bankruptcy of foreign employers be supported in Vietnam? What are principles for conflicts resolution between Vietnamese workers and foreign employers?

I went to work abroad as a Vietnamese worker under a labor contract, and this party's company due to the prolonged epidemic, it does not produce and has no costs to maintain the business. So it has to do the bankruptcy procedures and we end our jobs ahead of time. Can I get support when I return home? What are principles for conflicts resolution between Vietnamese workers and foreign employers? Please advise. Thank you.

Can workers who prematurely repatriate due to bankruptcy of foreign employers be supported in Vietnam?

Pursuant to Clause 1, Article 67 of the Law on Vietnamese employees working abroad under contract 2020, tasks of fund for overseas employment are as follows:

1. Support workers:

a) who must prematurely repatriate due to occupational accidents, risks, hazards, illnesses or diseases and is no longer capable of working;

b) who must prematurely repatriate due to dissolution, bankruptcy or downsizing of foreign employers as a result of natural disasters, epidemic, political unrests, combats, economic depression or other force majeure;

c) who must prematurely repatriate due to unilateral termination of employment contracts according to Point dd Clause 1 Article 6 of this Law;

d) who are subject to resolution of arising conflicts related to the workers in provision of Vietnamese guest worker service;

dd) who decease or go missing while working abroad (in this case, support beneficiaries shall be relatives of the workers).

Thus, in Vietnam, in case you have to prematurely repatriate due to the bankruptcy of the foreign employers, you will be supported by the Overseas Employment Support Fund.

What are principles for conflicts resolution between Vietnamese workers and foreign employers?

In Clause 2, Article 72 of the Law on Vietnamese employees working abroad under contract 2020, principles for conflict resolution are as follows:

2. Conflicts between Vietnamese workers and foreign employers shall be resolved on the basis of agreements reached by the parties and regulations and law of host countries, international agreements to which Socialist Republic of Vietnam is a signatory and international agreements which were signed by ministries, ministerial agencies or Governmental agencies and foreign parties.

Best Regards!

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