New regulations, effective September 10, aim to enhance protections for domestic helpers and ensure compliance from employers. Decree 283 outlines specific penalties for various violations, from failing to formalize employment to serious misconduct.
The Labor Code defines domestic helpers as individuals regularly performing household tasks for one or more families. These duties include: housekeeping, managing households, caring for children, the sick, or the elderly, driving, gardening, and other family-related tasks that are not commercial.
Under these regulations, employers must enter into written contracts with domestic helpers. Both parties are to agree on the contract duration, payment method and frequency, daily working hours, and accommodation. Either party may unilaterally terminate the contract at any time, provided they give at least 15 days' prior notice.
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Workers cleaning houses in Ho Chi Minh City near Tet. Photo: Minh Tam |
Decree 283 specifies warning penalties for employers who fail to sign written contracts. Warnings also apply if employers neglect to pay travel expenses for domestic helpers returning to their hometowns upon termination, unless the helper terminates the contract early.
Fines of one to three million Vietnamese dong apply to employers who commit any of the following acts: failing to notify the commune, ward, or special zone People's Committee (UBND) about the hiring or termination of a domestic helper; or continuing to violate regulations after receiving a warning.
The fine increases to 10 to 15 million Vietnamese dong for employers who commit violations such as: withholding a domestic helper's personal identification documents; or failing to pay social insurance (BHXH) and health insurance (BHYT) contributions, preventing the helper from independently participating in these schemes.
A maximum fine of 50 to 75 million Vietnamese dong is imposed on employers who abuse, sexually harass, force labor, or use violence against domestic helpers, provided these acts do not yet warrant criminal prosecution.
In addition to monetary fines, employers must remedy violations by: signing written contracts, fully reimbursing travel expenses, returning personal identification documents, and paying full social and health insurance contributions if any of the aforementioned provisions are breached.
Hong Chieu
