Learn how labor contracts for domestic helpers are governed in Vietnam. Discover the legal requirements, rights of both parties, and how disputes are resolved.
In Vietnam, employing domestic helpers involves adhering to specific labor regulations. Explore a real-life case to understand the legal provisions related to domestic worker contracts.
Question: An opinion that due to the specificity of the work of domestic workers, the parties do not sign a labor contract but can agree orally.
Answer:
Article 162 of the 2019 Labor Code, effective from January 1, 2021, stipulates that the employer must enter into a written labor contract with an employee who is a domestic worker.
The term of the labor contract for domestic workers is agreed upon by both parties. One party has the right to unilaterally terminate the labor contract at any time but must give at least 15 days notice.
The two parties agree in the contract on the form of salary payment, salary payment term, daily working time, and accommodation.
Question: Ms. K works as a housemaid for Ms. V and her husband and the two parties agree on a term of 02 years. For more than 1 year, due to family circumstances, Ms. K wanted to quit her job and return to her hometown. Ms. V disagreed, claiming that Ms. K violated the contract term and did not pay 1 month’s salary.
Answer:
Clause 2, Article 162 of the 2019 Labor Code, effective from January 1, 2021. The term of labor contracts for domestic workers as agreed upon by both parties.
Ms. K has the right to terminate the contract even though it has not yet expired. However, Ms. K must notify Ms. V at least 15 days in advance. Ms. V’s failure to pay 1 month’s salary is illegal.
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