Shall the Commune-level People's Committees have the right to impose violations regarding domestic servants in Vietnam?

In recent years, domestic workers have made significant contributions to economic development, providing a relatively stable source of income for workers. The Labor Code has provisions regarding domestic servants; however, there are still many limitations.

Domestic servant jobs do not incur accommodation and living expenses, contributing to improving the quality of life for some families, alleviating high-intensity working women from the burden of housework, addressing the unemployment situation of rural women, and providing economic support to their families in need.

The Labor Code 2012 specifically stipulates regulations on domestic servants, creating an important legal framework to protect the rights of workers in this field with 5 provisions ranging from Article 179 to Article 183. This is a new point in the Labor Code, inheriting the common global trend to officially recognize and protect domestic servant jobs as other occupations.

However, there are still some limitations for domestic servants. In the Draft Report summarizing the evaluation of 03 years of implementing the Labor Code on October 3, 2016, the Ministry of Labor - Invalids and Social Affairs proposed recommendations to perfect the regulations regarding domestic servants as follows:

- In cases where the employee agrees, the employer may assign additional tasks arising in reality compared to the contract.- Add provisions allowing the People's Committees of wards and communes to impose penalties for violations of domestic servants regulations within their management area.

- Establish sanctions against domestic servant employers who do not comply with regulations.

- Amend and supplement some provisions of Circular 19/2014/TT-BLDTBXH to fit the specific characteristics of domestic servants, such as requiring domestic servants to inform local authorities when participating in domestic servants to ensure their rights are protected according to regulations.

Besides proposing regulations for domestic servants, the Ministry of Labor - Invalids and Social Affairs also suggested numerous regulations concerning minor labor, elderly labor, foreign labor working in Vietnam, and disabled labor.

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