Particular regulations on domestic workers in Vietnam from February 01, 2021

A domestic worker is an employee defined in Clause 1 Article 3 of the Labor Code 2019 of Vietnam who does the works specified in Clause 1 Article 161 of the Labor Code 2019 of Vietnam under a written employment contract.

Particular regulations on domestic workers are specified in Decree No. 145/2020/NĐ-CP of Vietnam’s Government as follows:

1. Form of employment contract

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 2019 of Vietnam. To be specific:

1. An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer, except for the case specified in Clause 2 of this Article. (Clause 1 Article 14 of the Labor Code 2019 of Vietnam)

1. The employer shall enter into a written employment contract with the domestic worker. (Clause 1 Article 162 of the Labor Code 2019 of Vietnam)

2. Obligations to provide information before conclusion of an employment contract

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 2019 of Vietnam, 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.

3. Contents of employment contracts

Contents of the employment contract shall comply with Clause 1 Article 21 of the Labor Code 2019 of Vietnam. According to Form No. 01/PLV in Appendix V of Decree No. 145/2020/NĐ-CP, 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 2019 of Vietnam.

DOWNLOAD: Form of employment contract for domestic help

4. Termination of employment contracts

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 2019 of Vietnam; 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 2019 of Vietnam; the employee leaves his/her job for at least 05 consecutive days without justified reasons.

5. Cases of Illegal unilateral termination of employment contracts

It will be illegal if the employment contract is unilaterally terminated against regulations of Point d Clause 1 Article 89 of the Decree No. 145/2020/NĐ-CP of Vietnam’s Government, in which case regulations of Article 40 and Article 41 of the Labor Code 2019 of Vietnam 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 Clause 1 Article 89 of the Decree No. 145/2020/NĐ-CP, the employer shall pay the employee a compensation that is worth his/her salary for the remaining notice period from the termination date.

6. Severance allowance

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 2019 of Vietnam and Point d Clause 1 Article 89 of the Decree No. 145/2020/NĐ-CP, 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.

7. Salary and bonuses

The employee and employer shall negotiate the salary and bonuses in accordance with Chapter VI (except Article 93 of the Labor Code 2019). 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 2019 of Vietnam. 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.

8. Working hours and rest periods

The employee’s working hours and rest periods shall comply with Chapter VII of the Labor Code 2019 and Chapter VII of Decree No. 145/2020/NĐ-CP. 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.

9. Mandatory social insurance and health insurance

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.

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.

Above are some particular regulations on domestic workers according to Labor Code 2019 of Vietnam, specified in Decree No. 145/2020/NĐ-CP of Vietnam’s Government.

Thuy Tram

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