THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
27/2014/ND-CP
|
Hanoi, April
07, 2014
|
DECREE
GUIDELINES FOR REGULATIONS OF THE LABOR CODE ON
DOMESTIC SERVANTS
Pursuant to the Law on Government
organization dated December 25, 2001;
Pursuant to the Labor Code dated June 18,
2012;
At the request of the Minister of Labor, War
Invalids and Social Affairs;
The government promulgates a Decree on
guidelines for regulations of the Labor Code on domestic servants
Chapter 1.
GENERAL PROVISIONS
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This Decree deals with the rights, obligations,
and responsibilities of domestic servants, their employers, the organizations
and individuals involved in the performance of labor contracts, wages, social
insurance, health insurance, hours of work and hours of rest, occupational
safety, occupational hygiene, labor discipline, financial obligations and
settlement of labor dispute according to the Labor Code.
Article 2. Subjects of
application
1. The domestic servants defined in Clause 1
Article 179 of the Labor Code.
2. The employers of domestic servants under
labor contracts.
3. The organizations and individuals involved in
the implementation of this Decree.
This Decree is not applied to Vietnamese
domestic servants that work overseas.
Article 3. Interpretation of
terms
In this Decree, the terms below are construed as
follows:
1. A worker means a domestic servant defined in
Clause 1 Article 179 of the Labor Code, whether living or not living with the
employer’s family.
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3. Regular household tasks are the tasks in the
contract that recur after a certain period of time (hourly, daily, weekly, or
monthly).
4. An employer may be a household or multiple
households that hire the same domestic servant under a labor contract.
Chapter 2.
LABOR CONTRACT
Article 4. Signatories to
the labor contract
1. The signatory on the employer’s side may be:
a) The household owner;
b) A person authorized by the household
owner(s);
c) A person authorized by members of the
household owner(s);
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a) A worker aged 18 or more;
b) A worker aged 15 to under 18 that has a
written consensus by a legal representative of the worker.
Article 5. Conclusion of the
labor contract
1. When the labor contract is concluded with an illiterate
worker, the employer must read the whole labor contract out loud for the worker
to hear and agree before it is signed. If necessary, the worker may request the
employer to invite a person that is not a family member to witness before the
labor contract is signed.
2. If the employer hires multiple domestic
servants, each of them must have a separate labor contract.
3. The labor contract shall be made into two
copies, one of which is kept by the employer and the other is kept by the
worker.
4. Within 10 days from the day on which the
labor contract is signed, the employer must notify the employment of a domestic
servant to the People’s Committee of the commune, ward or town where the worker
works.
Article 6. Information
provision prior to contract conclusion
1. The employer must provide the worker with the
following information:
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b) The living conditions of the worker,
information about the family members and their routines.
2. The worker must provide the employer with the
following information:
a) The information mentioned in Clause 2 Article
19 of the Labor Code.
b) ID number, date of issuer, issuer, permanent
residence, family background, full name and address of the contact.
Article 7. Labor contract
contents
A labor contract must contain:
1. The information mentioned in Clause 1 Article
23 of the Labor Code;
2. The living conditions of the worker (if any);
3. The worker’s travel allowance when the labor
contract expires on schedule;
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5. The responsibility to pay compensation for
damaging equipment or other assets of the employer;
6. The prohibitions applied to both parties
Article 8. Probation
1. The employer and the worker may reach an
agreement on the probation, the rights and obligations of both parties during
and after the probation period in accordance with Article 26, Article 28, and
Article 29 of the Labor Code.
2. The probation period must not exceed 06
working days.
Article 9. Labor contract
suspension
1. The employer and the worker may reach an
agreement on suspension of the labor contract in accordance with Clause 4 and
Clause 5 Article 32 of the Labor Code.
2. When the suspension is over, the worker must
be present at the workplace, unless otherwise agreed by both parties. When the
suspension is over, the employer must reemploy the worker.
3. If the worker is not present when the
suspension mentioned in Clause 2 of this Article is over, the employer is
entitled to unilaterally terminate the labor contract.
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1. The labor contract expires.
2. The works under the labor contract are all
finished.
3. Both parties agree to terminate the labor
contract.
4. The worker dies.
5. The employer that is an individual dies.
6. The employer or the worker unilaterally
terminates the labor contract.
Article 11. Worker’s prior
notice of unilateral termination of labor contract
1. The worker must give a prior notice 15 days
before unilaterally terminating the labor contract, except for the cases in
Clause 2 and Clause 3 of this Article.
2. The worker must give a prior notice 03 days
before unilaterally terminating the labor contract in the following cases:
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b) Wages are not paid in full or on schedule
according to the labor contract, unless otherwise agreed by both parties;
c) The worker is not provided with acceptable
living conditions as stated in the labor contract;
d) The worker fails to continue working due to a
disease or accident.
3. Prior notice of unilateral termination of the
labor contract is not required in the following cases:
a) The worker is abused, insulted, sexually
harassed, attacked, or forced to work by the employer or a family member;
b) The working conditions are dangerous or
threaten the safety or health of the worker, and the employer fails to take any
effective measure;
c) The worker to fails to keep performing the
contract due to a natural disaster, blaze, or another force majeure
circumstance despite all the measures taken.
Article 12. Employer’s
prior notice of unilateral termination of labor contract
1. The employer must give a prior notice 15 days
before unilaterally terminating the labor contract, except for the cases in
Clause 2 and Clause 3 of this Article.
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a) The worker seriously violates the labor
contract, except for the cases in Point a Clause 3 of this Article;
b) The worker has been treated for a disease or
accident for 30 consecutive days.
3. Prior notice of unilateral termination of the
labor contract is not required in the following cases:
a) The worker commits embezzlement, gambles,
attacks a family member or a co-worker, abuses drugs, or uses prostitutes;
b) The employer or a family member is abused,
insulted, sexually harassed, attacked, or forced by the worker;
c) The employer to fails to keep performing the
contract due to a natural disaster, blaze, or another force majeure
circumstance despite all the measures taken.
Article 13.
Responsibilities of the employer and worker when the labor contract is
terminated
1. When the labor contract is terminated
according to Article 10 of this Decree, the employer and the worker must settle
the relevant payments according to the labor contract. If necessary, payments
may be delayed for up to 07 working days from termination date.
2. When the labor contract is terminated
according to Clause 1, Clause 2, Clause 3, Clause 4, or Clause 5 of Article 10,
or when the labor contract is unilaterally terminated according to Article 11, Clause
1, Point b Clause 2, or Point c Clause 3 Article 12 of this Decree, the
employer must pay the worker a severance pay according to Article 48 of the
Labor Code.
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Article 14. Worker’s going
to school
1. The employer must allow the worker to go to
school at the worker’s request.
2. The time for the worker to go to school shall
be agreed by both parties and must be written in the labor contract.
Chapter 3.
WAGES, SOCIAL INSURANCE, HEALTH INSURANCE
Article 15. Wages, method
of payment, and deadline for payment
1. The level of wage is agreed by both party and
must be written in the labor contract. The wage (including the living cost if
the worker lives with the family) must not fall below the minimum wages imposed
by the government. The employer and the worker shall negotiate the monthly
living cost, provided it does not exceed 50% of the wage in the labor contract.
2. The method of payment and deadline for
payment shall be negotiated by both parties. If wages are paid to a bank
account, the employee must enable the worker to open a bank account. The costs
related to the opening and maintenance of the account shall be negotiated by
both parties. The employer must not deduct any wiring fee from the wage.
3. If the employer requests the worker to work
overtime, work during public holidays or paid leave, the employer must provide
overtime pay in accordance with Article 97 of the Labor Code.
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1. The employer must pay wages to the worker in
full if the employer is accountable for the worker’s resignation, unless
otherwise agreed by both parties.
2. The employer is not required to pay the
worker if the employee is not accountable for the worker’s resignation, unless
otherwise agreed by both parties.
Article 17. Wage deduction
1. The employer may only deduct the compensation
for damaged equipment or loss of property from the worker’s wages in accordance
with the labor contract.
2. The deduction from the monthly wage shall be
agreed by both parties, but must not exceed 30% of the monthly wage if the
worker does not live with the family, or not exceed 60% of the remaining wage
after deducting the living cost if the worker lives with the family.
3. The worker must be informed of the every
deduction.
Article 18. Bonus
Every year, the employer shall pay bonus for the
worker according to their performance and the financial capacity of the
household.
Article 19. Social
insurance and health insurance
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Article 20.
Responsibilities of the employer when the worker is sick
1. When the worker that lives with the family is
sick, the employer must enable to the worker to rest and treat their sickness.
The medical cost shall be covered by the worker, unless otherwise agreed by
both parties.
2. The employer is not required to pay the
worker for the days the worker is off sick>
Chapter 4.
HOURS OF WORK AND REST
Article 21. Hours of work
and hours of rest of workers that live with the family
1. The hours of work and hours of rest shall be
agreed by both parties, provided the worker has at least 8 hours of rest,
including 6 consecutive hours of rest in during a 24-hour period.
2. The working time workers aged 15 to under 18 is
prescribed in Clause 2 Article 163 of the Labor Code.
Article 22. Weekly rest
time
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Article 23. Annual leave
and public holidays
1. If the worker has worked for 12 months for an
employee, he or she is entitled for 12-day leave in the year. The time of rest
shall be negotiated by both parties. The worker may negotiate with the employer
for taking leave many times a year or only one time during a period of not more
than 3 years.
2. The worker is entitled to rest and get paid
in full during public holidays according to Article 115 of the Labor Code.
3. When taking annual leave, the worker shall
receive an advance payment that equals at least the payment for the days off.
Chapter 5.
OCCUPATIONAL SAFETY AND OCCUPATIONAL
HYGIENE
Article 24. Occupational
safety and occupational hygiene
1. The employer must instruct the worker to use
the equipment and appliances related to their works, provide instructions on
fire safety, and provide personal safety equipment for the worker while they
are working.
2. The worker must follow the instructions
provided by the employer; ensure the sanitation of the households and the
residential area.
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Article 25.
Responsibilities of the employer when the worker has an occupational accident
1. When the worker has an occupational accident,
the employer must:
a) Provide emergency treatment in a timely and
careful manner;
b) Notify the worker’s family;
c) Fulfill the employer’s obligations in Article
144 of the Labor Code;
d) Report the case to and cooperate with a
competent authority in investigating the occupational accident as prescribed by
law.
2. The employer must not unilaterally terminate
the labor contract with the worker that has the occupational accident during
the treatment, except for the case in Point b Clause 2 Article 12 of this
Decree.
Chapter 6.
LABOR DISCIPLINE, FINANCIAL OBLIGATIONS,
AND SETTLEMENT OF LABOR DISPUTE
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1. When the employee commits the breaches of the
contract other than those mentioned in Clause 2 and Clause 3 Article 12 of this
Decree, the employer is entitled to give a reprimand. If the breach occurs, the
employee may terminate the labor contract in accordance with Clause 1 and
Article 12 of this Decree depending on the seriousness of the breach.
2. The worker that damages the equipment or
other property of the employee must pay compensation for the damage in
accordance with Article 130 of the Labor Code, unless otherwise agreed by both
parties.
Article 27. Settlement of
labor dispute
When a dispute between the employer and the
worker or a family member arises, the employer and the worker must negotiate
towards an amicable settlement. If an amicable settlement cannot be reached,
the case may be settled by a conciliator or at court in accordance with Article
201 of the Labor Code.
Chapter 7.
IMPLEMENTATION
Article 28. Effect
1. This Decree takes effect on May 25, 2014.
2. The Labor Code and other guiding documents
shall apply to the issues that are not mentioned in this Decree.
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Article 29.
Responsibilities for implementation
1. Minister of Labor, War Invalids and Social
Affairs is responsible for providing instructions on the implementation of this
Decree.
2. The People’s Committees of communes, wards
and towns shall receive notifications of employment of domestic servants and
terminations of their labor contracts, assist in settling disputes between
domestic servants and their employers; receive and consider workers’ reports of
their employers’ abuse, sexual harassment, coercion, or other violations of
law; summarize and report the adherence to labor laws of local domestic
servants.
3. Other Ministers, heads of ministerial
agencies, head of Governmental agencies, Presidents of the People’s Committees
of central-affiliated cities and provinces, relevant organizations and
individuals are responsible for the implementation of this Decree./.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung