Below is the notable content in the Draft Decree regulating domestic workers under Clause 2, Article 161 of the Labor Code, which is currently being circulated for public comments online.
Article table of contents
Labor Contract for Domestic Workers Must Be Concluded in Writing - Illustrative Image
Article 3 of this Draft stipulates that labor contracts between the employee and employer shall be concluded and performed as regulated in Chapter III of the Labor Code, wherein:
The form of the labor contract must be in writing as stipulated in Clause 1, Article 162 of the Labor Code.
Before concluding the labor contract as stipulated in Clause 1, this Article, both the employee and employer are responsible for providing information as stipulated in Article 16 of the Labor Code. The employer must clearly provide information about the number of family members and the living conditions for the employee in the employer’s household.
The specific content of the labor contract shall be agreed upon by both parties based on Form No. 01 issued with this Decree and stipulated in Clause 1, Article 21 of the Labor Code.
LABOR CONTRACT FORM FOR DOMESTIC WORKERS (FORM NO. 01)
- During the implementation of the labor contract, either party has the right to unilaterally terminate the labor contract but must notify the other party at least 15 days in advance, except in the following cases where notice is not required:
- The employee unilaterally terminates the labor contract for reasons stipulated in Clause 2, Article 35 of the Labor Code;
- The employer unilaterally terminates the labor contract for reasons stipulated in Points d and e, Clause 1, Article 36 of the Labor Code.
- Upon unilateral termination of the labor contract not in compliance with Article 37 of the Labor Code and Clause 4 of this Article, the employee and employer must comply with the provisions in Articles 40 and 41 of the Labor Code. To be specific:
Article 40. Obligations of the employee when unilaterally terminating the labor contract illegally
Not entitled to severance allowance.
Must compensate the employer half a month's salary according to the labor contract and an amount equivalent to the salary for days without prior notice.
Must repay the training costs to the employer as stipulated in Article 62 of this Code.
Article 41. Obligations of the employer when unilaterally terminating the labor contract illegally
- Must rehire the employee as per the labor contract; must pay back wages, social insurance, health insurance, unemployment insurance for the days the employee was not working and additionally pay the employee an amount of at least 02 months' salary in accordance with the labor contract.
After being re-employed, the employee must return to the employer any severance, job-loss allowances received from the employer.
In the event the contracted job position is no longer available and the employee still wishes to work, both parties shall negotiate to amend and supplement the labor contract.
For violations regarding notice period as regulated in Clause 2, Article 36 of this Code, compensation must be paid equivalent to the salary for days without prior notice.
If the employee does not wish to continue working, aside from the compensation mentioned in Clause 1, the employer must pay severance allowance as stipulated in Article 46 of this Code to terminate the labor contract.
If the employer does not wish to rehire the employee and the employee agrees, aside from the payments mentioned in Clause 1 and severance allowance as stipulated in Article 46 of this Code, both parties shall negotiate an additional compensation amount for the employee, which shall be at least 02 months' salary in accordance with the labor contract to terminate the contract.
- Upon termination of the labor contract in accordance with Clauses 1, 2, 3, 4, 6, and 7, Article 34 of the Labor Code and Clause 4 of this Article, the employer is responsible for paying severance allowance to the employee as regulated by law; both parties are responsible for fully settling all relevant payments concerning the rights and benefits of each party.
See more contents of the Draft HERE.
Nguyen Trinh
