Can you tell me what the labor law says about domestic workers? - Reader Kim Thanh
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1. What is a domestic worker?
Specifically, Article 161 of the 2019 Labor Code stipulates that a domestic worker is a worker who regularly performs household chores for one or more households.
Domestic work includes housework, housekeeping, childcare, nursing, eldercare, driving, gardening and other work for the household but not related to commercial activities.
2. Labor contract for domestic workers
Pursuant to Article 162 of the 2019 Labor Code, the labor contract for domestic workers is stipulated as follows:
- Employers must enter into written labor contracts with domestic workers.
- The term of the labor contract for domestic workers is agreed upon by both parties. Either 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 labor contract on the form of salary payment, payment period, daily working hours, and accommodation.
3. Obligations of employers when employing domestic workers
According to Article 163 of the 2019 Labor Code, the obligations of employers when employing domestic workers are as follows:
- Fully implement the agreements signed in the labor contract.
- Pay domestic workers social insurance and health insurance according to the law so that employees can proactively participate in social insurance and health insurance.
- Respect the honor and dignity of domestic workers.
- Arrange hygienic accommodation and meals for domestic workers if agreed.
- Create opportunities for domestic workers to participate in cultural and vocational education.
- Pay travel expenses when the domestic worker leaves work and returns to his/her place of residence, except in cases where the domestic worker terminates the employment contract before the end of the term.
4. Obligations of domestic workers
The obligations of domestic workers are stipulated in Article 164 of the 2019 Labor Code as follows:
- Fully implement the agreements signed in the labor contract.
- Must compensate according to agreement or according to law if damaging or losing the employer's property.
- Promptly notify the employer of the possibility and risk of causing accidents, threats to the safety, health, life and property of the employer's family and himself.
- Report to the competent authority if the employer commits acts of abuse, sexual harassment, forced labor or other acts that violate the law.
5. Prohibited acts for employers
According to Article 165 of the 2019 Labor Code, prohibited acts for employers include:
- Abuse, sexual harassment, forced labor, use of force against domestic workers.
- Assigning work to domestic workers not under a labor contract.
- Keep employee identification documents.
6. Responsibility for managing domestic workers
The responsibility for managing domestic workers is stipulated in Article 91 of Decree 145/2020/ND-CP as follows:
- The Provincial People's Committee directs the Department of Labor, War Invalids and Social Affairs to: Guide the Department of Labor, War Invalids and Social Affairs to propagate and disseminate legal regulations on domestic workers; manage, inspect, check and supervise the implementation of regulations on domestic workers in the area.
- The People's Committees of districts, towns, provincial cities, and centrally-run cities (hereinafter referred to as the District People's Committees) direct the Department of Labor, War Invalids and Social Affairs to: Guide commune-level civil servants to disseminate, popularize, and regulate the law on domestic workers; manage, inspect, examine, and supervise the implementation of regulations on domestic workers in the area.
- People's Committee at commune level:
+ Organize propaganda and dissemination of legal regulations on domestic workers according to the guidance of the Department of Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs;
+ Assign focal points to monitor, manage, inspect and supervise the implementation of legal regulations on domestic workers in the area under management;
+ Receive notifications on the use and termination of employment of domestic workers as prescribed in Clause 2, Article 90 of Decree 145/2020/ND-CP; summarize and report on the employment of domestic workers in the area under management when requested by competent state management agencies.
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