Is it illegal for Vietnamese guest workers to be absent at their contractual workplace after entry into host countries under the law in Vietnam?

Is it illegal for Vietnamese guest workers to be absent at their contractual workplace after entry into host countries under the law in Vietnam?

Pursuant to Point dd, Clause 2, Article 6 of the Law on Vietnamese guest workers 2020, rights and obligations of Vietnamese guest workers include

dd) work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;

In addition, according to Article 47 of Decree 12/2022/ND-CP regulating violations committed by workers sent to work abroad and several other related persons

1. Fines ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on any worker falling to register their personal contract with competent regulatory authorities in accordance with regulations in force.

2. Fines ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for one of the following violations:

a) Deciding to illegally stay in foreign countries after their labor contract expires;

b) Taking flight from their contractual workplace not on the grounds of suffering from labor coercion;

c) Failing to be present at their contractual workplace after entry into host countries.

3. Relief and mitigative measures

Compelling the repatriation of those committing the violations specified in point a, b and c of clause 2 of this Article.

Thus, the act of failing to be present at your contractual workplace according to regulations is violating the law, subject to a fine ranging from 80,000,000 VND to 100,000,000 VND. In addition, you will also be forced to return home.

Is it illegal for Vietnamese guest workers to be absent at their contractual workplace after entry into host countries under the law in Vietnam? - Image from Internet

What are the obligations of Vietnamese guest workers?

Pursuant to Clause 2, Article 6 of the Law on Vietnamese guest workers 2020:

2. Vietnamese guest workers shall have obligations to:

a) comply with regulations and law of Vietnam and host countries;

b) preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;

c) complete orientation education course before working abroad;

d) submit service fees and deposit payments as specified under this Law;

dd) work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;

e) compensate for violations of signed contracts according to regulations and law of Vietnam and host countries;

g) repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation;

h) submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;

i) contribute the fund for overseas employment.

Best regards!