Draft Decree stipulating regulations on domestic workers according to Clause 2, Article 161 of the Labor Code is currently being circulated for public comments online, expected to take effect from January 1, 2021.
Article table of contents
Regulations on wages, policies for domestic workers from January 1, 2021
This Draft stipulates that laborers and employers shall agree on wages, bonuses, and perform the payment of wages and bonuses in accordance with the provisions of Chapter VI, except for the provisions at Articles 92 and 93 of the Labor Code, in which:
- The wage agreed upon in the labor contract, including the cost of meals and accommodation of the laborer at the employer's family (if any), shall not be lower than the regional minimum wage announced by the Government of Vietnam. The employer and the laborer shall agree on the monthly cost of meals and accommodation of the laborer (if any), with a maximum not exceeding 50% of the wage stated in the labor contract. (This provision was previously mentioned in Decree 27/2014/ND-CP and is now inherited by this Draft)
- The monthly wage deduction rate stipulated in Clause 3, Article 102 of the Labor Code is agreed upon by both parties but shall not exceed 30% of the actual monthly paid wage. (Currently, according to Decree 27/2014/ND-CP, the monthly wage deduction rate agreed upon by both parties shall not exceed 30% of the monthly wage for laborers not living at the employer's family; not exceeding 60% of the remaining wage after deducting the monthly cost of meals and accommodation of the laborer (if any) for laborers living at the employer's family).
Additionally, according to this Draft, employers are responsible for paying laborers an amount equivalent to mandatory social insurance, health insurance premiums, which are the responsibility of the employers according to the law on social insurance and health insurance, along with the laborer's salary payment period. (This provision is currently regulated in Decree 27 and is now inherited by this Draft)
Working hours and rest periods for domestic workers shall comply with the provisions of Chapter VII of the Labor Code, in which employers must ensure that laborers have weekly rest periods as stipulated in Clause 1, Article 111 of the Labor Code, averaging at least 4 days per month; a minimum of 6 continuous hours of rest within 24 hours. (Currently, according to Decree 27, working hours and rest periods are agreed upon by both parties, but laborers must have at least 8 hours of rest, including 6 continuous hours of rest within 24 continuous hours)
For more details of this Draft Decree, see HERE.
Nguyen Trinh
