From May 25: Must pay insurance for domestic workers

The Prime Minister has just issued Decree 27/2014/ND-CP detailing the implementation of a number of articles of the Labor Code on domestic workers. Accordingly, from May 25, employers of domestic workers will have to sign labor contracts with the prescribed contents.

(Illustration photo: PV/Vietnam+)

Decree 27/2014/ND-CP stipulates the rights, obligations and responsibilities of employers and domestic workers in the implementation of labor contracts, wages, social insurance, health insurance, working hours, rest, labor discipline, labor safety... according to the provisions of the Labor Code.

The Decree clearly states that domestic workers are workers who regularly perform household chores for one or more households. Household chores include: housework, housekeeping, childcare, care for the sick, care for the elderly, driving, gardening and other work for households but not related to commercial activities.

According to the new regulations, the content of the labor contract must clearly state the agreement on salary, accommodation conditions of the domestic worker, travel expenses to the place of residence when terminating the labor contract on time, time and cost of supporting the domestic worker to study culture, learn a trade (if any), responsibility for compensation for causing damage to the employer's property, prohibited acts, etc.

The salary including accommodation and food expenses of the domestic worker (if any) is agreed by both parties but must not be lower than the regional minimum wage prescribed by the Government. The monthly accommodation and food expenses of the domestic worker must not exceed 50% of the salary in the labor contract.

In particular, in cases where the employer requires the domestic worker to work outside the hours stated in the labor contract, work on holidays, Tet holidays, etc., overtime pay must be paid according to the provisions of Article 97 of the Labor Law.

Regarding social insurance and health insurance, employers are responsible for paying an additional amount equivalent to the compulsory social insurance and health insurance premiums for domestic workers at the same time as the salary payment so that the workers can take care of their own insurance.

In case the domestic worker is sick, the cost of medical examination and treatment shall be paid by the employee. The employer shall not be required to pay wages for time off work due to illness.

Regarding working time and rest time, both parties agree, but domestic workers must have at least eight hours of rest per day, including six consecutive hours of rest. Each week, domestic workers must have at least 24 consecutive hours of rest or an average of at least four days per month.

For domestic workers who have worked for an employer for 12 months, annual leave is 12 working days with full pay. Before taking annual leave, domestic workers are given an advance payment of at least the salary for the days off.

The probationary period is also agreed upon by both parties but must not exceed six working days.

This Decree takes effect from May 25. Employers who are hiring domestic workers before the effective date of the Decree must negotiate amendments or supplements to the labor contract or sign a new contract and notify the People's Committee of the commune, ward or town where the employee works within 10 days from the date of signing the labor contract./.

According to Vietnam+