Decree of the Government providing for employment of domestics
22:29 14/04/2014
On 7 April 2014, the Government issued Decree No. 27/2014/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on employment of domestics. This article will introduce the main contents of the Decree.
Salary of domestics must not be less than region minimum wages prescribed by the Government
Salary of domestics shall be mutually agreed upon and stated in the labor contracts. Salary (including the costs of meals and accommodation of employees living in employers’ houses, if any) must not be less than the region minimum wages prescribed by the Government. The monthly costs of meals and accommodation (if any) shall be agreed upon by the employer and the employee, but not exceeding 50% of the salary stated in the labor contract. In addition, forms of payment shall be agreed upon by both parties. If the employer requires the employee to work beyond the time specified in the labor contract or working on public holidays, the employer must pay overtime wages according to the regulations (Article 15).
Employers must pay social insurance and health insurance for domestics
In terms of social insurance and health insurance, according to the Decree, at the same time of payments, the employer is responsible for paying an amount of money on a par with the premiums of compulsory social insurance and medical insurance, under the provisions of the laws on social insurance and health insurance, to the employee for his/her self-insured (Article 19).
If domestics living with families’ employers get sick, employers shall be required for allowing such domestics to have rest and treatment. In these cases, cost of health care shall be paid by the domestics, unless both parties agree otherwise (Article 20).
Domestics shall have the right to take a rest at least 24 consecutive hours weekly
For domestics who live with their families’ employers, the working time and rest time shall be mutually agreed upon but the domestics must have at least 8 hours of rest, including 6 consecutive hours within 24 consecutive hours (Article 21).
Each week, the domestics shall be is entitled to have rest at least 24 consecutive hours. If the rest could not be arranged, the employers are responsible for ensuring that the domestics have rest at least 4 days each month on average (Article 22).