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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
07/2022/TB-LPQT
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Hà Nội, ngày 22
tháng 3 năm 2022
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của
Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Bản ghi nhớ giữa Chính phủ nước Cộng hòa xã hội
chủ nghĩa Việt Nam và Chính phủ Ma-lai-xi-a về tuyển dụng, việc làm và hồi
hương lao động, ký tại Hà Nội ngày 21 tháng 3 năm 2022, có hiệu lực ngày 21
tháng 3 năm 2022.
Bộ Ngoại giao trân trọng gửi bản sao Bản ghi nhớ
theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Lê Đức Hạnh
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MEMORANDUM
OF
UNDERSTANDING BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND
THE GOVERNMENT OF MALAYSIA ON THE RECRUITMENT, EMPLOYMENT AND REPATRIATION OF
WORKERS
THE GOVERNMENT OF MALAYSIA as represented by
the Ministry of Human Resources and THE GOVERNMENT OF THE SOCIALIST REPUBLIC
OF VIET NAM as represented by the Ministry of Labour, Invalids and Social
Affairs (hereinafter referred to singularly as ‘the Party’ and collectively as
‘the Parties’);
REFERRING to the Memorandum of Understanding
on the Recruitment of Vietnamese workers between the Government of Malaysia and
the Government of Socialist Republic of Viet Nam signed on 7 August 2015
(hereinafter referred to as “MOU 2015”) whereby both Parties have agreed to
promote the rights and protections of both the Employers and the Workers;
BELIEVING that the employment of Workers
from Viet Nam in Malaysia shall be an area of cooperation which is mutually
beneficial to both Parties; and
REALIZING the need to establish a framework
to facilitate the recruitment, employment and repatriation of the said Workers
from Viet Nam in accordance with the domestic laws, rules, regulations,
national policies and directives of each Party and within the limits of its
competencies, jurisdiction and available resources.
HAVE AGREED as follows:
ARTICLE
1
DEFINITIONS
1. For the purposes of this Memorandum of
Understanding (hereinafter referred to as “MoU”):
(a) "Contract of Employment" means the
contract of employment entered into between the Employer and the Worker, the
format of which is annexed as APPENDIX A in Article 4 of this
MoU:
(b) "Employer" means a company
incorporated under the laws of Malaysia or a sole proprietor or any person in
Malaysia providing employment in Malaysia to Workers and who has been given
approval by the Government of Malaysia to employ Workers;
(c) "Worker" means a citizen of Viet Nam
who is in the process of entering into or has entered into a contract to work
in Malaysia for a specified period of time, as stipulated in the Contract of
Employment, but does not include domestic workers as defined in the Employment
Act 1955 [Act 265] of Malaysia;
(d) "Malaysian Recruitment Agency" (MRA)
means a private employment agency licensed under the Private Employment Agency
Act 1981 and approved by the Government of Malaysia for the purpose of
recruiting Workers; and
(e) "Viet Nam Recruitment Agency" (VRA)
means an enterprise licensed under the Law on Vietnamese Workers Working
Abroad under Contract and approved by the
Government of Viet Nam for the purpose of recruiting and sending workers to
work in Malaysia.
2. Words and expressions in the singular include
the plural, and words and expressions in the plural include the singular.
ARTICLE
2
OBJECTIVE
The objective of this MoU is to establish a
framework relating to the recruitment, employment and repatriation of the
Worker and to protect the rights of both Workers and Employers.
ARTICLE
3
DESIGNATED
AUTHORITY
The designated authority responsible for the
implementation of this MoU on behalf of the Government of Malaysia will be the
Ministry of Human Resources and behalf the Government of the Socialist Republic
of Viet Nam will be the Ministry of Labour, War Invalids and Social Affairs.
ARTICLE
4
IMPLEMENTATION
The Parties agree that the recruitment, employment
and repatriation of the Worker and the protection of both the Workers and
Employers shall be conducted in accordance with and subject to the terms of
this MoU and the domestic laws, rules, regulations, national policies and
directives of each Party and within the limits of its competencies,
jurisdiction and available resources.
ARTICLE
5
CONTRACT
OF EMPLOYMENT
1. Subject to the terms provided under this MoU,
the Worker and the Employer shall comply with all Malaysian laws, rules,
regulations, national policies and directives relating to employment in
Malaysia in accordance with the terms and conditions of the Contract of
Employment as per APPENDIX A.
2. Any amendments to the terms and conditions of
the Contract of Employment made by the Joint Working Group under APPENDIX
C shall not affect or invalidate any existing Contract of Employment in
force between the Employer and the Worker.
3. In the event of total closure or cease of
business or winding up, the Worker shall have the opportunity to change the
employer within the same sector, upon the approval of the relevant authorities
and subject to laws and regulations in Malaysia.
4. The Worker may have an opportunity to change the
Employer, in case of exploitation, abuse, physical and mental harassment
subject to domestic laws and regulations as determined by the competent
authorities.
ARTICLE
6
RECRUITMENT,
SAFETY AND SECURITY OF WORKERS
1. The GOVERNMENT OF THE SOCIALIST REPUBLIC OF
VIET NAM shall ensure that the Worker who ts selected for employment by the
Employer shall fulfil the following conditions prior to his/her entry into
Malaysia:
(i) having attained the age of 18 years of age and
not more than 45 years of age;
(ii) having possessed the required qualifications
and skills specified by the Employer
(iii) having possessed basic knowledge of Malaysian
culture and social practices;
(iv) has successfully completed the pre-departure
orientation in Viet Nam;
(v) having possessed basic communication skills
either in the English or the Malay language;
(vi) complies with Malaysian immigration laws,
rules, regulations, policies and directives;
(vii) complies with the Malaysian medical
requirements for foreign workers;
(viii) does not possess any previous criminal
records; and
(ix) any other requirements as may be determined by
the Government of Malaysia from time to time and as duly informed through the
diplomatic channel to the Government of the Socialist Republic of Viet Nam in a
timely manner. These requirements shall not affect or nullify the Contract of
Employment made between the Employer and the Worker or any permit or pass or
license granted before these requirements are informed.
2. The GOVERNMENT OF MALAYSIA shall, subject
to the laws, rules, regulations and policies to:
(i) ensure safety, security and welfare of the
Worker, with special attention to the female workers;
(ii) take measures for the protection of the Worker
from all forms of harassment, abuse and forced labour;
(iii) provide special pass for the Worker who filed
3 complaint untiI the settlement of the labour dispute;
(iv) ensure equal and fair treatment to the Worker
in comparison to other foreign workers regarding wages, overtime, working
conditions and access to justice; and
(v) ensure appropriate facilitation upon arrival at
the airport.
ARTICLE
7
PERIOD
OF EMPLOYMENT
The Workers who are employed under this MoU shall
work in Malaysia:
(a) For 3 specified period of time in accordance
with the Contract of Employment under APPENDIX A; and
(b) Subject to the terms and conditions of the
Contract of Employment under APPENDIX A.
ARTICLE
8
RESPONSIBILITIES
1. The Parties agree that the responsibilities of
the Employer, the Worker, the MRA, and the VRA for the purposes of the
implementation of this MoU shall be in accordance with APPENDIX B.
2. The Parties shall, within their respective
jurisdiction, take appropriate action against the Employer, the MRA, the VRA or
the Worker contravening any provision of each Party's laws and regulations.
ARTICLE
9
REPATRIATION
The Parties shall facilitate the repatriation of
Worker upon the termination of his/her Contract of Employment under APPENDIX
A of this MoU.
ARTICLE
10
JOINT WORKING GROUP
1. The Parties agree to establish a Joint Working Group
(JWG) comprising the relevant officials from the respective Parties dealing
with labour, employment and such relevant matters to discuss any matter arising
from the implementation of this MoU.
2. The JWG shall implement this MoU and shall use
its best endeavours to perform the functions as set out in the Terms of
Reference under APPENDIX C.
3. The JWG shall meet as stipulated under APPENDIX
C and determine the venue and date of the meeting.
ARTICLE
11
FINANCIAL ARRANGEMENTS
1. The financial arrangements to cover expenses for
the co-operative activities undertaken within the framework of this MoU shall
be mutually agreed upon by the respective Parties on a case-by-case basis
subject to the availability of funds.
2. Notwithstanding anything in Paragraph 1 above,
expenses for organizing the meetings of the working group shall be borne by the
Party hosting the meetings. The Party, which is sending its representatives for
participation in the meetings of the working group, if any, shall bear their
own travel and living expenses.
ARTICLE
12
REVISION MODIFICATION AND ADMENDMENT
1. Either Party may request in writing a revision,
modification or amendment of alt or any part of this MoU.
2. Any revision, modification or amendment agreed
to by the Parties shall be in the Wilting and shell form an Integral part of
this MoU.
3. Such revision, modification and amendment shall
come into force on such date as may be determined by the Parties.
4. Any revision, modification or amendment shall
not prejudice the rights and obligations arising from or based on this MoU
before or up to the date of such revision, modification or amendment.
ARTICLE
13
SUSPENSION
1. Each party reserves the right to suspend
temporarily, either in whole or in part, the implementation of this MoU for
reasons of national security, national interest, public order or public health.
The suspension shall take effect immediately after notification has been given
to the other party through diplomatic channels.
2. The suspension of this MoU shall not affect or
nullify the Contract of Employment made between the Employer and the Worker
prior the date of suspension of this MoU.
ARTICLE
14
SETTLEMENT OF DISPUTES
Any difference or dispute between the Parties
concerning the interpretation or implementation or application of any of the
provisions of this MoU shall be settled amicably through mutual consultation or
negotiations between the Parties through diplomatic channels, without reference
to any third party or international tribunal.
ARTICLE
15
CONFIDENTIALITY
1. Each Party shall observe the confidentiality and
secrecy of documents, information and other data received or supplied to the
other Party during the period of the implementation of this MoU or any other
agreements made pursuant to this MoU.
2. Both Parties agree that the provisions of this
Article shall survive the expiry or termination of this MoU.
ARTICLE
16
ENTRY INTO FORCE, DURATION AND TERMINATION
1. This MoU shall enter into force on the date of
signing and shall remain In force for a period of five (5) years.
2. This MoU may be extended for a further period as
may be decided in writing by the Parties.
3. Notwithstanding anything in this Article, either
Party may terminate the MoU by notifying the other Party of its intention to
terminate this MoU by furnishing to the other Party a notice in writing through
diplomatic channels, at least six (6) months prior to the intended date of
termination.
4. The Parties agree that the termination of this
MoU shall not affect or nullify the Contract of Employment made between the
Employer and the Worker or any permit or pass or license granted prior to the
date of termination of this MoU.
IN WITNESS WHEREOF, the undersigned, being
duly authorized thereto by their respective Governments, has signed this MoU.
DONE at Ha Noi, Viet Nam, on the 21st
day of March in the year 2022 in original/duplicate, two in English.
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FOR THE
GOVERNMENT OF MALAYSIA
Datuk Seri M. Saravanan
Minister of Human Resources
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Mr. Dao Ngoc Dung
Minister of Labour, War Invalids and Social Affairs
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APPENDIX
A
CONTRACT OF EMPLOYMENT
This CONTRACT OF EMPLOYMENT is made on this
day ... month of …… 20... between…….. (hereinafter referred to as "the
Employer") of one part and Mr/Ms……….. a bearer of Passport No………..
(hereinafter referred to as "the Worker") of the other part.
WHEREAS, the Employer desires to employ the
Worker in accordance with the terms and conditions of this Contract of
Employment and subject to the laws, rules, regulations, national policies and
directives in Malaysia;
Therefore,
IT IS HEREBY AGREED as follows:
1. Duration of the Contract of Employment
The duration of the Contract of Employment will be for
a period of two (2) years commencing on the day of arrival of the Worker in
Malaysia until such time this Contract of Employment is terminated in
accordance with the terms and conditions of this Contract of Employment.
2. Occupation
The Worker shall be employed as……………… in
……………………………….sector.
3. Wages
3.1 The Worker shall receive a basic wage of
RM .....................................(excluding allowances and overtime).
This basic wage shall comply with the national minimum wage of Malaysia.
3.2 Wages shall be paid by the Employer on a
monthly basis not later than seventh day after the last day of the wage period.
3.3 The payment of the monthly wages shall be
paid to a bank account of the Worker.
3.4 As stipulated in the Regulation 9 of the
Employment Regulations 1957 [P.4 (A) 333/83] of Malaysia, every employer shall
furnish to every worker employed by him in a separate statement or card the
particulars relating to details of wages and other allowances earned during
each wage period.
4. Working Hours
Normal working hours shall be eight (8) hours per
day in accordance with the labour laws in Malaysia.
5. Overtime
In the event the Worker, upon the request by the
Employer, agrees to work in excess of his/her normal eight (8) hours of work,
the Worker shall be paid in accordance with the labour laws in Malaysia.
6. Rest Day
6.1 The Worker shall be entitled to weekly
rest day in accordance with the labour laws of Malaysia.
6.2 In the event (hat the Worker, upon the
request by the employer, agrees to work on such rest day, the Worker shall be
paid in accordance with the labour laws in Malaysia
7. Public Holiday
7.1 The Worker shall be entitled to public
holidays in accordance with the labour laws in Malaysia.
7.2 In the event the Worker, upon the request
by the employer, agrees to work on his/her public holiday, the worker shall be
paid in accordance with the labour laws in Malaysia.
8. Annual Leave
8.1 The worker shall be entitled to paid
annual leave as in accordance with the labour laws in Malaysia.
8.2 The Employer upon application from the
Worker may grant 15 days leave in case of death of dose family member (Parents,
Spouse and Children) of the Worker. The leave may be deducted from the
accumulated annual leave of the Worker, or in cases where accumulated annual
leave is not sufficient, the Employer may grant unpaid leave to the said
Worker.
9. Levy
Tha payment of levy shall be borne by the Employer.
10. Medical and Accident Insurance
The worker shall be insured under the Employment
Injury Schema under the Employees’ Social Security Act 1969 [Act 4] of Malaysia
and if applicable, the Foreign Workers Health Insurance Scheme (SPIKPA) or any
other insurance scheme as may be required for the Workers as imposed by the
Government of Malaysia.
11. Deductions
The Employer is entitled to make deduction for not
more than 5D percent (50%) in a month from the Worker's wages in the event off
any monetary advance in accordance with the labour laws in Malaysia.
12. Accommodation
12.1 The Employer shall provide the Worker’
decent accommodation with basic amenities that meets the stipulated minimum
standards on safety and health in accordance with Employees’ Minimum Standard
of Housing, Accommodations and Amenities Act 1990 [Act 446] of Malaysia.
12.2 The Employer upon approval by the
Director General of Labour of Malaysia is allowed to impose a wage deduction of
RM50 per month or any approved amount for the purpose of providing such
accommodation as stipulated under Section 24 , (4), (e) of the Employment Act
1955 of Malaysia.
13. Sick Leave
The Worker shall be entitled to a paid sick leave
and paid hospitalization leave in accordance with the labour laws in Malaysia.
14. Renewal of Worker’s Visit Pass (Temporary
Employment)
14.1 The Employer shall renew the Worker’s
Visit Pass (Temporary Employment) three (3) months prior to the expiry date of
the said pass. All costs related to the renewal shall be borne by the Employer.
The cost of levy will be as per Paragraph 9 of the Contract of Employment.
13.2 Any panalty or compound imposed due to
the failure of the Employer to do so shall be borne by the Employer.
15. Air Passage
The travelling expenses from Viet Nam to any agreed
point of entry in Malaysia and the expenses from any agreed point of exit in
Malaysia to Viet Nam shall be borne by the Employer upon completion of Contract
of Employment.
16. Repatriation
16.1 The repatriation cost of the Worker from
their place of work to their original exit point in Viet Nam shall be borne by
the Employer under the following circumstances:
(i) At the completion of Contract of Employment:
(ii) Termination of the Contract of Employmem by
the Employer other than non-compliance of the terms and conditions of this
Contract of Employment by the worker; or
(iii) Termination of this Contract of Employment by
the Worker due to non-compliance of the terms and conditions of the Contract of
Employment by the Employer.
16.2 The Worker shall be responsible to bear
related expenses under the Malaysian laws and expenses relating to repatriation
for circumstances that are not mentioned in clause 16.1.
16.3 The term "original exit point"
in this Contract of Employment shall mean any international airport in Viet
Nam.
17. Repatriation in the case of death of the
Worker
17.1 In the event of death of the Worker, the
Employer shall be responsible for the cost of repatriation of the dead body.
17.2 If the funeral takes place in Malaysia
with the consent of the family of the deceased, the employer shall be
responsible for the costs of the funeral and repatriation of the remains.
17.3 The Employer shall promptly settle the
due salary, insurance end other benefits to the family of the deceased.
18. Termination
18.1 In the event the Employer intends to
terminate this Contract of Employment, the Employer shall give adequate written
notice as stipulated under the labour laws or wages in lieu of such notice of
his intention to terminate such contract, and shall provide airfare to Viet Nam
for the Worker.
18.2 In the event the Worker intends to
terminate this Contract of Employment, the Worker shall adequate written notice
as stipulated under the labour laws or wages in lieu of such notice of his
intention to terminate such contract, and the Worker shall bear the cost of
airfare to Viet Nam.
18.3 The Worker may terminate the Employment
Contract without prior notice where he/she is immediately threatened by danger
and violence by the Employer during his working time. The Employer shall
provide airfare to Viet Nam for the Worker if the Worker decides to terminate
the Contract of Employment and the Employer is found to be liable for the
breach of the Employment Contract by competent authorities in Malaysia.
19. Restrictions
19.1 The Worker shall not participate in any
political activities or activities of those connected with political
organizations in Malaysia.
19.2 The Worker shall not change employment
during the Contract of Employment period and shall not carry or do other
business. Provided that in the event of total closure or cease of business or
winding up, or in the case of exploitation, abuse, physical and mental
harassment, the Worker shall have the opportunity to change the employer within
the same sector, upon the approval of the relevant and competent authorities
and subject to laws and regulations in Malaysia.
19.3 If the Worker is found by the competent
authority concerned engaged in any illegal, subversive or criminal activities,
the Worker shall be dismissed from the job and shall be repatriated to Viet Nam
at the Worker’s own expenses.
20. Safekeeping of Passport
20.1 The Employer shall not keep the passport
of the Worker in his/her custody.
20.2 The Passport of the Worker shall be in
his/her custody all the time. In the event that the passport is lost or damaged
while in the possession of the Worker, the Worker shall bear all related costs
for the replacement of his/her passport.
20.3 The Worker shall submit the passport to
the Employer for the following purposes:
(i) Medical screenings;
(ii) Application of Visit Pass (Temporary
Employment);
(iii) Application of Foreign Worker Identity Card;
and
(iv) Renewal of Visit Pass (Temporary Employment)
20.4 The passport shall be return to the
Worker upon completion of these purposes.
20.5 In the event that the Worker's passport
is lost or damaged while in the custody of the Employer for the above-mentioned
purposes, the Employer shall bear all related costs for the replacement of the
Worker's passport.
21. Outstanding Wages and other payments
In the event the Worker is to be repatriated before
the expiry of this Contract of Employment, the Employer shall pay all
outstanding basic wages and all other payments owed to the Worker subject to
relevant laws, rules, regulations, national policies and directives relating to
employment applicable in Malaysia.
22. Amendment
The Employer and the Worker may amend this Contract
of Employment to incorporate any other terms and conditions which shall be more
favourable to the Worker subject to relevant laws, regulations, national
policies and directives relating to employment applicable in Malaysia.
23. Time is an Essence
Time whenever mentioned shall be the essence of
this Contract of Employment.
24. Interpretation
In the event there is a conflict of interpretation
between English text and any text in other language used in this Contract of
Employment, the English text shall prevail.
25. Laws
This Contract of Employment shall be subjected to
the laws of Malaysia.
26. Succession
This Contract of Employment shall be binding of the
successor in title, assigns, personnel, representatives of the parties hereto.
27. Language of this Contract of Employment
This Contract of Employment shall be prepared in
six (6) original texts, two (2) each in Malay, Vietnamese and English
languages, all texts being equally authentic. In the event of any divergence of
Interpretation between any of the texts, the English text shall prevail.
IN WITNESS WHEREOF the parties hereto have
signed this Contract of Employment on the day and year mentioned at the
beginning of this Contract of Employment.
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………………………………
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………………………………
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(Employer's Signature)
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(Worker’s Signature)
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Name:
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Name:
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NRIC NO:
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Passport No:
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Address:
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Emergency Contact No:
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I hereby declare details of my dependant:
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Address:
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Contact No:
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………………………………
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………………………………
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(Signature of Witness from Employer)
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(Signature of Witness from Worker)
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Name:
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Name:
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Address:
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Address:
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APPENDIX
B
RESPONSIBILITIES
A. Responsibilities of Employers
1. The Employer shall recruit the Worker through an
authorised MRA to recruit Worker in Viet Nam through VRA which is approved by
the GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM, The Employer is also
responsible for obtaining the approval of the relevant authorities in Malaysia
for that purpose.
2. The Employer shall pay the Worker's basic wages
and all other payments as agreed in the terms and conditions of the Contract of
Employment. Wages shall be paid by Employer on a monthly basis not later than the
seventh day after the last day of the wage period. The payment of the monthly
wages shall be paid to a bank account of Worker. The Employer shall assist, the
Worker to open the bank account.
3. The Employer or authorised MRA shall provide the
original copy of the Demand Letter and Contract of Employment duly signed by
the Employer to the Viet Nam Embassy for attestation purposes. The said
Contract of Employment will be forwarded to the VRA in Viet Nam to be submitted
to relevant labour authority of Viet Nam. The Contract of Employment will be in
English, Malay and Vietnamese languages.
4. Based on the original copy of Contract of
Employment attested by the Viet Nam Embassy pursuant to Para 3, the Employer
shall sign six (6) original texts of the Contract of Employment in Malaysia
before the time of commencement of employment and provide all six.
(6) original texts to the Worker in Viet Nam for
his/her signature. Thereafter, the Employer shall be provided with three (3)
original signed texts, one (1) each in the English, Malays and Vietnamese
languages, if there is any dispute to the Contract of Employment, the English
text shall prevail.
5. The Employer shall be responsible to adhere to
the stipulated requirements pertaining to the recruitment, employment and
repatriation of the Worker
6. The terms and condition of the Contract of
Employment must be clearly stated and must be fully explained, and understood
by the Workers during selection exercise.
7. The Employer shall be responsible for the following
payments:
(a) Security deposits as required by the
Immigration Department of Malaysia;
(b) Processing fees imposed by the Government of
Malaysia;
(c) Visit Pass (Temporary Employment);
(d) Insurance under the Employment Injury Scheme'
under the Employees' Social Security Act 1963 [Act
4] of Malaysia and if applicable, the Foreign Workers Health Insurance Scheme
(SPIKPA) or any other insurance scheme as may be required for the Workers as
imposed by the Government of Malaysia;
(a) Medical examination in Malaysia;
(f) Security Screening;
(g) Medical examination in Viet Nam;
(h) Single Entry Visa;
(i) Round trip air-ticker; and
(j) Recruitment service charge of 50% of one (1)
month minimum wage of the worker per person to be paid to VRA.
Provided that the payment for item (f) and (g)
shall be reimbursed by the Employer, to the Worker together with payment of
first month salary of the Worker.
8. The Employer may advance payment of wages,
allowances and other benefits to the Worker as agreed between them. The
Employer shall be allowed to deduct such advance from the Worker. However, such
deduction shall not exceed 50 percent of the Worker’s monthly wages.
9. The Employer shall be responsible to receive the
Workers upon arrival at the entry point in Malaysia within 6 hours upon
arrival. In case the Employer fails to do so, he/she shall be liable to bear
all the expenses incurred during the waiting period.
10. The Employer shall ensure the Worker undergoes
medical examination as follows:
(a) within-thirty (30) days from the date of
arrival;
(b) once every year for the first two (2) years of
employment; and
(c) every alternate 2 years of employment.
11. The Employer shell renew the Workers' Visit
Pass (Temporary Employment) three (3) months prior to the expiry date of the
said pass. Any penalty or compound imposed due to the failure of the Employer
to do so shall solely be borne by the Employer.
12. The Employer shall report to the nearest
Department of Labour of Malaysia and inform the Viet Nam Embassy in Malaysia
for consular assistance in the event of any injury or death of a Worker.
13. In the event of death of the Worker, the
funeral end the repatriation of the remains shall be arranged at the expense of
the Employer as provided for under the Employment Injury Scheme under the
Employees' Social Security Act 1969 [Act 4] of Malaysia.
14. The Employer shall at all time respect and pay
due regards to the senseivity of religious belief of the Workers.
15. The Employer shall provide the Workers with
reasonable accommodation with basic amenities that meets the stipulated minimum
Standards on safety and health in accordance with Employees' Minimum standard
of Housing, Accommodations and Amenities Apt 1990 [Act 446] of Malaysia. The
Employer, upon approval by the Director General of Labour is allowed to impose
a wage deduction of RM50 per month or any approved amount for the purpose of
providing such accommodation as stipulated under Section 24(4)(e) of the
Employment Act 1955 of Malaysia.
16. Ensure additional measures as may be required
for meeting the special needs of female workers with regards to working
conditions.
17. The Employer shall undertake that the Workers
shall be employed for the purpose of duties specified in the visit Pass
(Temporary Employment).
18. The Employer shall furnish to the Malaysian
Labour Department particulars of the Worker including the Worker's dependent
within fourteen (14) days from the commencement of the employment.
19. The repatriation cost of the Worker from their
place of work to their original exit point in Viet Nam shall be borne by the
Employer under the following circumstances;
(a) at the completion of Contract of Employment;
(b) termination of the Contract of Employment by
the Employer other than non-compliance of the terms and conditions of this
Contract of Employment by the Worker; or
(c) termination of this Contract of Employment by
the Worker due to non-compliance of the terms and conditions of the Contract of
Employmentby the Employer.
B. Responsibilities of Workers
1. The Workers shall sign the Contract of
Employment in Viet Nam before departure to Malaysia six (6) original texts of
the Contract of Employment provided by the Employer. Thereafter, the Worker
shall keep three (3) original signed texts, one (1) each in Malay, Vietnamese
and English languages
2. The Worker shall be responsible for the payment
of any charges subject to the relevant laws, rules and regulations in Malaysia.
3. The Workers shall bear all expenses incurred in
Viet Nam, except for the service charges referred to in Paragraph 7 of APPENDIX
B. in accordance with Viet Nam Laws.
4. The Worker shall bear the related approved costs
for the accommodation provided by the Employer.
5. The Workers shall bring along a copy of the
medical examination report and to be shown upon request at the entry point. All
medical examination and procedures shall be governed by the terms and condition
determined by the Ministry of Health of Malaysia. The determination of medical
facilities to conduct medical examination in Viet Nam should be done in
consultation with the Government of the Socialist Republic of Viet Nam.
6. The Workers shall abide all Malaysia laws,
rules, regulation, national policies, and directives, and respect Malaysian
culture, traditions and customs during their stay in Malaysia.
7. The Worker shall be responsible for all expenses
relating to repatriation under any circumstances other than
(a) at the completion of the Contract of
Employment;
(b) termination of the Contract of Employment by
the Employer for reasons other than non-compliance of the terms and conditions
of the Contract of Employment by the Worker; or
(c) termination of the Contract of Employment by
the Worker due to non-compliance of the terms and conditions of the Contract of
Employment by the Employer.
C. Responsibilities of the Malaysian Recruitment
Agency (MRA)
1. The MRA shall, upon request of the Employer
recruit Vietnamese Workers through the VRA.
2. The MRA shall ensure that the Worker provided to
the Employer fulfil the employment specification as required by the Employer.
3. The MRA shall be responsible for the arrangement
of the entry of the Worker upon arrival at the entry point in Malaysia and
thereafter.
4. The MRA shall be responsible to ensure that the
terms and conditions of the Contract of Employment are fully explained and
understood by the Worker respectively.
5. The MRA shall comply with the guideline stated
by both Governments for the purpose of recruiting/employing Workers.
D. Responsibilities of vtet Nam Recruitment Agency
(VRA)
1. The VRA shall be responsible in providing
potential workers according to the Employer's employment specification to be
interviewed or selected by the Employers.
2. The VRA shall conduct the interview if
authorised by the Employers.
3. The VRA shall facilitate Workers to obtain the
necessary travel documents and to arrange for medical check-up at the medical
centre accredited by the Ministry of Health of Viet Nam.
4. The VRA shall ensure that the Worker undergo
pre-departure orientation program in accordance to the laws of Viet Nam.
5. The VRA shaII be responsible to ensure that the
terms and conditions of the Contract of Employment are fully explained and
understood by the Workers during the selection exercise.
3. The VRA shall comply with the guidelines
stipulated by both Governments for the purposes of recruiting/employing
Workers.
APPENDIX
C
TERMS OF REFERENCE FOR THE JOINT WORKING GROUP FOR
THE IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF
MALAYSIA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM ON THE
RECRUITMENT, EMPLOYMENT AND REPATRIATION OF WORKERS
I. Introduction
In accordance with Article 10 of the Memorandum of
Understanding between the Government of Malaysia and the Government of The Socialist
Republic of Viet Nam on the Recruitment, Employment and Repatriation of Workers
signed at……………, on .......... (hereinafter referred to as "MoU"), the
Government of Malaysia and the Government of The Socialist of Viet Nam agreed
to establish a Joint Working Group (hereinafter referred to as "the
JWG"). The establishment of the JWG would provide a forum for coordinatron
and consultation between officials of both Parties to provide solutions on
matters concerning the recruitment, employment, and repatriation of Workers in
Malaysia.
II. Objective
To ensure appropriate and effective implementation
of the Memorandum of Understanding.
III. Principle
1. The work of the JWG shall be conducted in the
spirit of cooperation for the purpose of recognizing the interest of both
Parties.
2. To promote the rights and the protection of both
the Employers and the Workers in Malaysia, as agreed in the MoU and the
Contract of Employment.
IV. Role and Function
1. To monitor the implementation of the MoU.
2. To monitor the implementation of any programme
regarding the recruitment, employment, and repatriation of the Workers.
3. To monitor and obtain information with regard to
employment issues face by the Workers and Employers.
4. To provide advisory services and technical
assistance on the employment of Workers.
5. To perform any other task as may be assigned to
it by both Parties.
6. To deliberate on issues consequential to the
exercise of Article 13 of the MoU prior, during and after the suspension of the
MoU and to propose for both Parties to discuss on alternative solutions or
remedial actions due to the suspension of the MoU.
7. To deliberate on issues relating to any
differences concerning the interpretation or implementation of any of the
provisions of this MoU and its appendices.
8. To propose any amendment, variation or
modification to the terms and conditions of the Contract of Employment and any
items listed in the attached appendices to the MoU, provided that the
amendment, variation or modification made to any appendix to the MoU will only
take into effect upon the agreement by both Parties through diplomatic
channels.
V. Office
Each Party shall designate an office within its
relevant authorities that shall serve as contact with the other Party.
VI. Membership
1. The JWG shall be co-chaired by the officials of
both Parties.
2. The JWG shall comprise of appropriate government
authorities, including the Embassy of Malaysia in Viet Nam and the Embassy of
Viet Nam in Malaysia.
3. Each Party shalt determine the relevant
government officials respectively to be the members of the JWG and particular
government authority to be designated as the focal point for each Party.
VII. Meetings
1. The JWG shall convene at least one (1) meeting a
year.
2. Regular meetings of the JWG shall be held
alternately in Malaysia and Viet Nam.
3. As and when appropriate, the JWG may hold
additional meetings at a venue to be agreed upon by both parties.
4. When necessary, the JWG shall convene meetings
as instructed by both parties.
VIII. Documentation
All record of the JWG shah be in English.
IX. Financial Arrangement
The cost for hosting the JWG and sending government
officials to attend the JWG meetings shall be borne by the respective Parties
individually.
X. Amendment
1. The terms of reference may be reviewed and
amended by mutual consent by the JWG and subject to the endorsement by both
Parties.
2. In the event the JWG decides to amend any terms
and conditions in the Contract of Employment or any item listed in the Appendices
attached to the MoU, such amendment shall have no effect unless and until it is
agreed by the Parties.
3. Any amendments to the terms and conditions of
the Contract of Employment made by the JWG under Appendix C of this MoU shall
not affect or invalidate any existing Contract of Employment in force between
the Employer and the Worker.