Vietnam: Regulations on domestic workers

Recently, the Government of Vietnam has issued the Decree No 145/2020/NĐ-CP on elaboration of some articles of the Labor Code on working conditions and labor relations in Vietnam.

lao động là người giúp việc nhà, Nghị định 145/2020/NĐ-CP

Specifically, according to Clause 1 Article 89 of the Decree No 145/2020/NĐ-CP of Vietnam’s Government, 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 of Vietnam shall be implemented as follows:

- A written employment contract shall be prepared by the employer when a domestic worker is hired in accordance with Clause 1 Article 14 and Clause 1 Article 162 of the Labor Code;

- Before the employment contract is concluded, the domestic worker (employee) and the employer shall provide information in accordance with Article 16 of the Labor Code, information about the employee’s duties, living conditions at the employer’s family and other information necessary for assurance of the employee’s health safety as requested by the employee;

- 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;

- During the implementation of the employment contract, both parties has the right to unilateral terminate the employment contract without explanation but a prior notice must be made at least 15 days before the termination date, except in the following cases in which a prior notice is not required:

+ The employee unilaterally terminates the employment contract because the works, working location or working conditions are not as agreed, except in the cases specified in Article 29 of the Labor Code; the employee is not paid fully and/or punctually, except in the cases specified in Clause 4 Article 97 of the Labor Code; the employee is maltreated, physically or orally assaulted by the employer; he/she is a victim of coercive labor or sexual harassment; the employee is pregnant and has to terminate the employment contract as prescribed in Clause 1 Article 138 of the Labor Code; the employee reaches the retirement age prescribed in Article 169 of the Labor Code unless otherwise agreed upon by both parties; the employer provided false information according to Clause 1 Article 16 of the Labor Code in a manner that affects the execution of the employment contract;

+ The employer unilaterally terminates the employment contract because: the employee is not present at the workplace after the deadline specified in Article 31 of the Labor Code; the employee leaves his/her job for at least 05 consecutive days without justified reasons;

- It will be illegal if the employment contract is unilaterally terminated against regulations of Point d of this Clause, in which case regulations of Article 40 and Article 41 of the Labor Code will apply to the employee and the employer respectively. In case the employer fails to comply with the provisions on notice period specified in Point d of this Clause, the employer shall pay the employee a compensation that is worth his/her salary for the remaining notice period from the termination date;

- When the employment contract is terminated in the cases specified in Clauses 1, 2, 3, 4, 6 and 7 Article 34 of the Labor Code and Point d of this Clause, the employer shall pay severance allowance to the employee in accordance with Article 46 of the Labor Code; each party shall fully pay the amounts relevant to the other party’s interests.

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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