Are you a domestic helper in Vietnam, juggling household chores, caregiving, and more? Wondering about your rights and benefits? Let's break it down for you, Ngọc Prinny style!
According to Article 161 of the Labor Code, domestic helpers are engaged in "household chores, housekeeping, childcare, patient care, elderly care, driving, gardening, and other tasks for the household, excluding commercial activities."
But fear not, fellow helper, the Vietnamese law has got your back! So, how are your rights safeguarded? Let's spill the tea!
Question 1: Do Domestic Helpers Have to Pay Social Insurance?
Well, let's put it this way: as per the juicy regulations outlined in Article 163(2) of the Labor Code, your employer has a responsibility, sis! They must contribute to your social insurance and medical insurance premiums, ensuring you have the option to join these beneficial schemes actively.
Question 2: What's the Deal with the Employment Contract?
Now, here's the scoop according to Article 162 of the Labor Code, girl! Brace yourself for some official stuff: your employer must sign a written employment contract with you, the fabulous domestic helper.
The contract's duration is decided mutually, honey. Either party can end the contract unilaterally, but proper notice of at least 15 days is required. Talk about an escape route if things go sour!
Oh, and here's the dish: within the contract, you and your employer can negotiate details like salary payment methods, pay periods, daily working hours, and even accommodation. Make sure it's a sweet deal, darling!
Time for a quick break! Remember, these regulations are here to spice up your work-life balance and keep things fair for you, the fierce domestic helper!
Question 3: What Happens if Someone Breaks the Rules?
Well, darling, if your employer tries to pull some shady business, they're in for some consequences. Article 30 of Decree 12/2022/ND-CP has got the dirt on that! Here's a rundown of the penalties:
1. A warning will be served to the employer for:
a) Failing to sign a written employment contract with you, the domestic helper.
b) Not providing transportation expenses when you finish working, except when you terminate the contract early.
2. Fines ranging from VND 1,000,000 to VND 3,000,000 for the employer if they:
a) Fail to notify the local People's Committee of the employment or termination of your employment, as per the regulations.
b) Continue violating the regulations after receiving a warning. Double trouble, huh?
3. Fines between VND 10,000,000 and VND 15,000,000 for the employer if they:
a) Hold your personal documents hostage. No one messes with your IDs, hun!
b) Neglect paying your social insurance and medical insurance premiums, as per the law, leaving you high and dry.
4. Fines ranging from VND 50,000,000 to VND 75,000,000 for the employer if they: Engage in sexual harassment, abuse, or violence against you, the domestic helper. No excuses—zero tolerance!
5. The aftermath remedy:
a) In case of a violation, the employer must sign a written employment contract with you.
b) The employer must compensate you for transportation expenses if they previously failed to do so.
c) The employer must return your personal documents if they unlawfully held them.
d) The employer must pay your social insurance and medical insurance premiums if they skipped out on their responsibility.
And there you have it, folks! The lowdown on the legal protection and penalties surrounding domestic helpers in Vietnam. Remember, knowledge is power, and these regulations are your armor in the world of household hustle!
Stay fabulous, stay fierce, and keep slaying the domestic game, darling!
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