05 things to know when hiring a domestic worker from 2021 in Vietnam

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. This Decree provides specific guidance on regulations related to the use of domestic workers.

05 điều cần biết khi sử dụng người giúp việc gia đình

Specifically, according to Article 161 of the Labor Code 2019 of Vietnam, a domestic worker is a worker who regularly carries out domestic work for one or more than one household. Domestic work includes cooking, housekeeping, babysitting, nursing, caring for elders, driving, gardening, and other work for a household which is not related to commercial activities.

In order to provide specific guidance on regulations related to the use of domestic workers in the Labor Code 2019 of Vietnam, according to Article 89 of Decree No 145/2020/NĐ-CP of Vietnam’s Government, some specific provisions for domestic workers need to know the following:

(1) The employer must sign a written labor contract when accepting domestic workers to work. The labor contract must be entered into in writing and made in 02 copies, the employee keeps 01 copy, the employer keeps 01 copy.

In case the employer does not sign a written contract when accepting the domestic worker to work, he will be subject to a warning according to Article 29 of Decree No. 28/2020/NĐ-CP of Vietnam’s Government.

(2) The employer is responsible for paying at the same time as the salary payment period to the employee an amount equal to the rate of payment of compulsory social insurance and health insurance under the responsibility of the employer in accordance with the provisions of law. laws on social insurance and health insurance so that employees can actively participate in social insurance and health insurance. In case an employee concurrently enters into multiple labor contracts to work as domestic workers, the employer's responsibility to pay social insurance and health insurance premiums shall be made according to each labor contract.

In case the employer fails to pay the domestic worker social insurance and health insurance as prescribed by law so that the employee can take care of his own insurance, a fine ranging from VND 10,000,000 to VND 15,000,000 will be imposed. In addition, the landlord is also subject to the remedial measure of being forced to pay full social insurance and health insurance premiums for domestic workers according to Article 29 of Decree No. 28/2020/NĐ-CP of Vietnam’s Government.

(3) The employer must ensure that the domestic worker is entitled to at least 04 days/month and at least 8 hours/day.

Accordingly, the rest time during normal working days and weekly rest days for domestic workers shall be implemented as follows:

- On a normal working day, in addition to the working hours agreed in the labor contract, the employer must ensure and create conditions for the employee to have at least 8 hours of rest, including 6 consecutive hours in 24 continuous hours;

- Employees are entitled to a weekly rest of at least 24 consecutive hours, in case the employer cannot arrange a weekly rest, it must ensure that the employee is given at least 04 days off on average per month.

In case the employer fails to ensure the above working hours, he will be fined up to VND 25 million according to Article 17 of Decree No. 28/2020/NĐ-CP if he commits the following acts:

- A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the domestic worker is not allowed to rest during working hours;

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if there are violations of weekly or annual leave or public holidays;

- A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for normal working hours exceeding the working hours prescribed by law.

(4) Employers are responsible for paying severance pay to domestic workers:

When the labor contract is terminated according to the provisions of Clauses 1, 2, 3, 4, 6 and 7 Article 34 of the Labor Code 2019 of Vietnam and unilaterally terminate the labor contract in accordance with the Decree No 145/2020/NĐ-CP, the employer is responsible for paying the severance allowance to the domestic worker who has worked regularly for him for full 12 months or more, and is entitled to a subsidy of half a month's salary for each working year; both parties are responsible for paying in full the amounts related to each party's interests.

In case the employer fails to pay or fails to pay enough severance allowance to the domestic worker, a fine of from VND 1,000,000 to VND 2,000,000 will be imposed. Concurrently, a warning will be imposed if the employer does not pay for transportation when the domestic worker retires and returns to his/her place of residence, unless the domestic worker terminates the labor contract before the prescribed time limit according to Decree No. 28/2020/NĐ-CP of Vietnam’s Government.

(5) Monthly meal and accommodation expenses of the domestic worker (if any), not exceeding 50% of the salary according to the job specified in the labor contract.

The domestic worker and the employer agree on salary, bonus and pay salary and bonus in accordance with the provisions of the Labor Code 2019 of Vietnam, in which the employee's salary is agreed in the labor contract including salary according to the job, salary allowance and other additional amounts if any. The salary based on the job, including the cost of meals and accommodation, of the employee at the employer's family (if any) must not be lower than the regional minimum wage announced by the Government.

Concurrently, the employer and the domestic worker agree on the monthly cost of meals and accommodation of the employee (if any), not exceeding 50% of the salary according to the job specified in the labor contract.

Where the employer does not pay wages on time; if the employee fails to pay or fails to pay enough salary to the employee as agreed in the labor contract, he/she will be fined from VND 5,000,000 to VND 10,000,000. In addition, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on employers when paying wages to employees lower than the regional minimum wage set by the Government.

Ty Na

 

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