Vietnamese guest workers have right to unilaterally terminate employment contracts if workers are abused or sexually harassed

According to Article 6 of the Law on Vietnamese guest workers 2020, Vietnamese guest workers shall have rights to:

- be provided with Vietnamese regulations and law on Vietnamese guest workers; policies, laws, customs and traditions of host countries related to the workers; rights and obligations of parties when working abroad;

- be advised and assisted to execute rights, obligations and receive benefits under employment contracts and vocational training contracts; (completely new provision)

- benefit from salary, wages, medical examination and treatment policies, social insurance, occupational accident insurance, other policies according to employment contracts; inward transfer of salary, wages, income and other legal assets of individuals according to regulations and law of Vietnam and host countries;

- be protected in terms of legal rights and benefits during period of working abroad under contracts conforming to regulations and law of Vietnam and host countries and international practices;

- unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad; (completely new provision)

- benefits from policies assisting labor, occupation and rights from Fund for overseas employment as per the law;

- not pay social insurance or person income tax twice in Vietnam and host countries if Vietnam and the host countries have entered into agreements on social insurance or double taxation agreements; (completely new provision)

- complain, accuse and file lawsuits against violations to regulations and law in bringing Vietnamese workers abroad;

- be advised, assisted in terms of employment and start-up after repatriating and accessing voluntary social psychological consulting service. (completely new provision)

Thus, in comparison with provisions of the Law on Vietnamese guest workers 2006 (expires from January 01, 2022), the new Law has supplemented many legitimate rights for Vietnamese workers to work abroad. In particular, the recognition of the right to unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad will better protect the interests of Vietnamese workers, especially when they are working abroad.

Besides, according to  Clause 2 Article 6 of the Law on Vietnamese guest workers 2020, Vietnamese guest workers shall have obligations to:

- comply with regulations and law of Vietnam and host countries;

- preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;

- complete orientation education course before working abroad;

- submit service fees and deposit payments as specified under this Law; (completely new provision)

- work as per the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;

- compensate for violations of signed contracts according to regulations and law of Vietnam and host countries; (completely new provision)

- repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation; (completely new provision)

- submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;

- contribute to the fund for overseas employment.

It can be seen that this new Law has also supplemented and amended provisions on obligations of Vietnamese guest workers. In particular, from January 01, 2022, Vietnamese guest workers shall have an obligation to submit service fees and deposit payments when going to work abroad.

Note: According to Article 23 of the Law on Vietnamese guest workers 2020, service fee is an amount of money received by a service enterprise from a foreign employment receiver and workers to compensate for cost, market research, negotiation, signing of labor supply agreement and management of workers while they are working abroad. Top limit of service fees collected from workers shall be prescribed as follows:

- The top limit of service fee must not exceed 1 month’s worth of salary of workers and shall be collected once every 12 months of working; not exceed 1.5 month’s worth of salary of officers and crew members working on cargo ships and shall be collected once every 12 months of working; In case of contracts for provision of Vietnamese guest service last for at least 36 months, the service fee under such contracts must not exceed 3 months’ worth of salary of workers;

- In case service fees for extended period of contracts for provision of Vietnamese guest service is agreed upon, the top limit of the service fees for every 12 extended months of working must not exceed 0.5 month’s worth of salary of workers;

- For specific markets, fields of operation and professions, the Minister of Labor - War Invalids and Social Affairs shall elaborate the top limit of service fee below the amounts specified above.

Le Vy

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