Vietnam: Ensuring domestic employees to have 6 consecutive hours off in 24 consecutive hours

Specifically, according to Article 89 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, the employee and employer shall negotiate the salary and bonuses in accordance with Chapter VI (except Article 93) of the Labor Code of Vietnam. The base salary and allowances (if any) shall be specified in the employment contract in accordance with Clause 1 and Clause 2 Article 90 of the Labor Code. The base salary is inclusive of the employee’s cost of accommodation at the employer’s household as the case may be and must not be lower than the region-based minimum wage announced by the Government. The employer and the employee shall negotiate the monthly accommodation cost (if any) which must not exceed 50% of the salary written in the employment contract.

Besides, the employee’s working hours and rest periods shall comply with Chapter VII of the Labor Code and Chapter VII of this Decree. To be specific:

- On normal working days, in addition to the working hours specified in the employment contract, the employer must enable the employee to have at least 8 hours of rest, including 6 consecutive hours, every 24 hours.

- The employee is entitled to weekly breaks as prescribed in Article 111 of the Labor Code. In case the employer cannot arrange weekly breaks, the employee must have at least 04 days off per month.

Moreover, the employer is entitled to pay the employee, together with the salary, an amount equal to the mandatory social insurance and health insurance premium payable by employers as prescribed by relevant laws. The employee will decide whether to participate in social insurance and health insurance.

Note: In case the employee enters into more than one employment contract to work as a domestic worker, the social insurance and health insurance premiums payable by the employers shall vary according to each contract.

View more details at the Decree No 145/2020/NĐ-CP of Vietnam’s Government, effective from February 01, 2021.

Le Vy

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