Decree No. 27/2014/ND-CP dated April 07, 2014 of the Government guiding some regulations of the Labor Code on domestic servants

THE GOVERNMENT

Decree No.27/2014/ND-CP dated April 07, 2014 of the Government guiding some 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

Article 1. Scope of regulation

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, work hours and rest hours, 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. Employerss 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 employee means a domestic servant defined in Clause 1 Article 179 of the Labor Code, whether living or not living with employers’s family.

2. Other works in the household that are not related to commercial activities defined in Clause 1 Article 179 of the Labor Code include: cooking for family members, not for a restaurant; planting vegetables, fruits, ornamental plants, raising animals to serve the life of the family members, not for sale or exchange; cleaning the house, the garden, protecting the house and other property of the household that is not a workshop, a shop, an office, or a business location; transporting family members or stuff that is not goods or raw materials serving business; tutoring family members; washing clothing and blankets of family members that are not clothing in a laundry shop or protective clothing of the people hired by the household; other works serving everyday life of the family members that do not directly contribute to income generation of the household or the family members.

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. Labor contract’ signatories

1. The signatory on employers’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);

2. The signatory on employees’s side may be:

a) A employee aged 18 or more;

b) A employee aged 15 to under 18 that has a written consensus by a legal representative of employees.

Article 5. Labor contract’s conclusion

1. When the labor contract is concluded with an illiterate employee, employers must read the whole labor contract out loud for employees to hear and agree before it is signed. If necessary, employees may request employers to invite a person that is not a family member to witness before the labor contract is signed.

2. If employers hire 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 employers and employees keep the other.

4. Within 10 days from the day on which the labor contract is signed, employers must notify the employment of a domestic servant to the People’s Committee of the commune, ward or town where employees work.

Article 6. Information provision before singing labor contract

1. Employers must provide employees with the following information:

a) The information mentioned in Clause 1 Article 19 of the Labor Code.

b) The living conditions of employees, information about the family members and their routines.

2. Employees must provide employers 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’s contents

A labor contract must contain:

1. The information mentioned in Clause 1 Article 23 of the Labor Code;

2. The living conditions of employees (if any);

3. Employees’s travel allowance when the labor contract expires on schedule;

4. The time and financial support for employees to go to school (if any);

5. The responsibility to pay compensation for damaging equipment or other assets of employers;

6. The prohibitions applied to both parties

Article 8. Probation

1. Employers and employees 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. Suspension of labor contract

1. Employers and employees 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, employees must be present at the workplace, unless otherwise agreed by both parties. When the suspension is over, employers must reemploy employees.

3. If employees are not present when the suspension mentioned in Clause 2 of this Article is over, employers are entitled to unilaterally terminate the labor contract.

Article 10. Cases for labor contract termination

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. Employees dies.

5. Employers that is an individual dies.

6. Employers or employees unilaterally terminate the labor contract.

Article 11. Employee’s notice in advance of unilateral contract termination

1. Employees must give a notice in advance15 days before unilaterally terminating the labor contract, except for the cases in Clause 2 and Clause 3 of this Article.

2. Employees must give a notice in advance03 days before unilaterally terminating the labor contract in the following cases:

a) The works assigned or the working locations are not consistent with the labor contract;

b) Wages are not paid in full or on schedule according to the labor contract, unless otherwise agreed by both parties;

c) Employees are not provided with acceptable living conditions as stated in the labor contract;

d) Employees fail to continue working due to a disease or accident.

3. Notice in advanceof unilateral termination of the labor contract is not required in the following cases:

a) Employees is abused, insulted, sexually harassed, attacked, or forced to work by employers or a family member;

b) The working conditions are dangerous or threaten the safety or health of employees, and employers fails to take any effective measure;

c) Employees 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 notice in advance of unilateral contract termination

1. Employers must give a notice in advance15 days before unilaterally terminating the labor contract, except for the cases in Clause 2 and Clause 3 of this Article.

2. Employers must give a notice in advance03 days before unilaterally terminating the labor contract in the following cases:

a) Employees seriously violate the labor contract, except for the cases in Point a Clause 3 of this Article;

b) Employees have been treated for a disease or accident for 30 consecutive days.

3. Notice in advanceof unilateral termination of the labor contract is not required in the following cases:

a) Employees commits embezzlement, gambles, attacks a family member or a co-employee, abuses drugs, or uses prostitutes;

b) Employers or a family member is abused, insulted, sexually harassed, attacked, or forced by employees;

c) Employers 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. Employer’s and employee’s responsibilities on terminating labor contract

1. When the labor contract is terminated according to Article 10 of this Decree, employers and employees 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, employers must pay employees a severance pay according to Article 48 of the Labor Code.

3. Within 10 days from the termination date, employers must notify the contract termination to the People’s Committee of the commune, ward or town where employees worked.

Article 14. Employee’s education and vocation

1. Employers must allow employees to go to school at employees’s request.

2. The time for employees 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, payment method, and payment deadline

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 employees live with the family) must not fall below the minimum wages imposed by the government. Employers and employees shall negotiate the monthly living cost, provided it does not exceed 50% of the wage in the labor contract.

2. The payment method and deadline for payment shall be negotiated by both parties. If wages are paid to a bank account, employees must enable employees to open a bank account. The costs related to the opening and maintenance of the account shall be negotiated by both parties. Employers must not deduct any wiring fee from the wage.

3. If employers requestemployees to work overtime, work during public holidays or paid leave, employers must provide overtime pay in accordance with Article 97 of the Labor Code.

Article 16. Wage for contract termination

1. Employers must pay wages to employees in full if employers are accountable for employees’s resignation, unless otherwise agreed by both parties.

2. Employers is not required to pay employees if employees is not accountable for employees’s resignation, unless otherwise agreed by both parties.

Article 17. Wage deduction

1. Employers may only deduct the compensation for damaged equipment or loss of property from employees’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 employees does not live with the family, or not exceed 60% of the remaining wage after deducting the living cost if employees live with the family.

3. Employees must be informed of the every deduction.

Article 18. Bonus

Every year, employers shall pay bonus for employees according to their performance and the financial capacity of the household.

Article 19. Social insurance and health insurance

Employers must pay employees an additional amount that is equal to the social insurance and health insurance premiums when paying wages. Employees shall use this amount to pay insurance himself or herself.

Article 20. Employer’s responsibilities when employees are sick

1. When an employee that lives with the family is sick, employers must enable to employees to rest and treat their sickness. The medical cost shall be covered by employees, unless otherwise agreed by both parties.

2. Employers are not required to pay employees for the days employees is off sick>

Chapter 4.

WORKING HOURS AND REST HOURS

Article 21. Work hours and rest hours of employees that live with employer’s family

1. The work hours and rest hours shall be agreed by both parties, provided employees has at least 8 rest hours, including 6 consecutive rest hours in during a 24-hour period.

2. The working time employees aged 15 to under 18 is prescribed in Clause 2 Article 163 of the Labor Code.

Article 22. Weekly rest time

Employees must have at least 24 rest hours every week. Otherwise, employers must allow employees to rest at least 04 days a month on average. The time of rest shall be negotiated by both parties.

Article 23. Annual leave and public holidays and Tet

1. If employees have worked for 12 months for an employee, he or she is entitled for 12-day leave in the year. Both parties shall negotiate the time of rest. Employees may negotiate with employers for taking leave many times a year or only one time during a period of not more than 3 years.

2. Employees 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, employees 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. Employers must instruct employees to use the equipment and appliances related to their works, provide instructions on fire safety, and provide personal safety equipment for employees while they are working.

2. Employees must follow the instructions provided by employers; ensure the sanitation of the households and the residential area.

3. Every year, employees must enable employees to undergo a health check. If necessary, employers shall request employees to undergo a health check. The health check cost shall be covered by employers, unless otherwise agreed by both parties.

Article 25. Employer’s responsibilities when employees have an occupational accident

1. When employees have an occupational accident, employers must:

a) Provide emergency treatment in a timely and careful manner;

b) Notify employees’s family;

c) Fulfill employers’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. Employers must not unilaterally terminate the labor contract with employees that have the occupational accident during the treatment, except for the case in Point b Clause 2 Article 12 of this Decree.

Chapter 6.

LABOR DISCIPLINES, FINANCIAL OBLIGATIONS, AND LABOR DISPUTE SETTLEMENT

Article 26. Labor disciplines and financial obligations

1. When employees commits the breaches of the contract other than those mentioned in Clause 2 and Clause 3 Article 12 of this Decree, employers is entitled to give a reprimand. If the breach occurs, employees may terminate the labor contract in accordance with Clause 1 and Article 12 of this Decree depending on the seriousness of the breach.

2. Employees that damage the equipment or other property of employees must pay compensation for the damage in accordance with Article 130 of the Labor Code, unless otherwise agreed by both parties.

Article 27. Labor dispute settlement

When a dispute between employers and employees or a family member arises, employers and employees 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 PROVISIONS

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.

3. Any employer that hires a domestic servant before this Circular takes effect must cooperate with employees in adjust the labor contract to this Decree or signing a new labor contract that is conformable with this Decree, and notify the People’s Committee of the commune, ward, or town where employees works.

Article 29. Implementation responsibilities

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 employees’ 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

The Prime Minister

Nguyen Tan Dung