Conditions for Vietnamese people working abroad under direct contracts
1. What conditions are required for Vietnamese people working abroad under direct contracts?
According to the provisions of Article 50 of the Law on Vietnamese Workers working abroad under contracts in 2020, adjusting the conditions for Vietnamese workers when choosing a job abroad is a step important, while also showing special attention to important aspects such as workers' rights and obligations. Article 50 lists a number of conditions that need to be met to ensure that workers not only have the opportunity to work abroad but also ensure their sincerity and positivity in the labor process.
- Requiring full civil capacity is an important measure to ensure the responsibility and ethics of workers while working in foreign countries. This not only creates a positive work environment but also highlights workers' commitment to their jobs and work communities.
- Voluntary work abroad is an important factor, especially when it comes to self-determination and employee autonomy. This light shows their agreement with this decision, helping to create a positive working environment and accumulate personal satisfaction as well as in-depth professional development.
- Health is a key factor to ensure workers' ability to work effectively and sustainably. Compliance with the provisions of Vietnamese law and the requirements of the foreign party receiving labor is not only a matter of personal health protection but is also a commitment of the employee to the success of the company. labor project.
- Must meet the requirements of foreign language proficiency, expertise, qualifications, vocational skills and other conditions required by the foreign party receiving labor, posing a certain challenge, but at the same time, create opportunities for workers to improve their qualifications and expertise. This not only assists them in adapting to the international working environment but also enhances their position and career opportunities in the future.
- Another important condition that Vietnamese workers need to meet according to the law is that they are not banned from leaving the country, not allowed to leave the country, or have their exit postponed according to the provisions of Vietnamese law. . This ensures that workers participating in international labor activities do not face restrictions or prohibitions from authorities, while protecting their rights and safety while abroad.
- To ensure the legality and transparency of all labor relationships, employees need to have labor contracts according to regulations. This contract is not only a legal document but also a basis for determining the rights and obligations of both employees and employers, helping to create a stable and fair working environment.
- To ensure accuracy and fairness in the labor contract confirmation process, employees need a written confirmation of labor contract registration from a specialized labor agency under the People's Committee at the local level. province where the worker permanently resides. This emphasizes the important role of specialized agencies in ensuring the reasonableness and legality of all labor contracts, while helping to identify and monitor the process of implementing labor contracts in a transparent manner. and efficiency.
In summary, the conditions outlined in Article 50 of the Law on Vietnamese Workers Working Abroad under Contracts 2020 are not only behavioral regulations but also important guarantees, ensuring rights and interests. and safety for Vietnamese workers when participating in the international labor market. These conditions also demonstrate the importance of cooperation between workers, employers and authorities to build a fair, transparent and sustainable working environment nationally and internationally.
2. What are the contents of the labor contract signed directly with the employer abroad?
From Clause 2, Article 52 of the Law on Vietnamese Employees Working Abroad Under Contracts 2020, the content of directly signed labor contracts must comply with the provisions of Vietnamese law and the laws of the country where the employee lives. come to work. This content includes the most important things to ensure transparency, fairness and uniformity in international labor relations. Specifically includes:
- Industry, profession, and work to be done: The contract needs to clearly define the industry, profession, and work that the employee will perform. This ensures that workers know and accept their work in advance, helping to avoid misunderstandings and disputes during the working process.
- Term of the contract: The term of the labor contract needs to be clearly defined, including the start and end time of the contract. This helps ensure clarity and transparency about employees' working hours and their benefits after the contract ends.
- Work location: The contract needs to clearly specify the work location, especially if there is a change in work location during the contract period. This helps workers prepare and adapt better to the new working environment.
- Working hours, rest hours, overtime: This content regulates daily working hours, rest times, and overtime conditions if any. This helps protect workers' rights regarding work and rest time, while keeping the working environment according to international standards.
- Salaries and wages: The contract needs to describe in detail the salary or wages, as well as the payment method and payment cycle. This ensures clarity and fairness in labor payment, avoiding misunderstandings and disputes that may arise.
- Accommodation, living, and travel conditions: The labor contract needs to detail the employee's daily living conditions, including diet, accommodation, travel, and influencing factors. to their quality of life. This sets out basic rights and creates a positive and secure working environment for workers.
- Medical examination and treatment regime: The contract needs to clearly stipulate the medical examination and treatment regime, ensuring that employees have the right to receive adequate and timely medical care. This not only protects their health but also enables them to work effectively.
- Social insurance, health insurance, labor accident insurance, occupational disease insurance, other benefits (if any): The contract needs to provide detailed information about the insurance policies that the employee Employees are entitled to benefits, including social insurance, health insurance, labor accidents, occupational diseases, and other benefits if any. This helps ensure safety and protect workers' rights in all situations.
- Responsibilities of the employer regarding occupational accidents: The contract needs to clearly describe the responsibilities and commitments of the employer abroad for occupational accidents and other risks related to employees during the process. working abroad program. This creates a safe and proactive working environment in risk management.
- Mechanisms, procedures and laws applicable to dispute resolution: The contract should clearly state the mechanism and procedures to resolve any disputes that may arise between employees and employers. This may include negotiation processes, arbitration, or other mechanisms to ensure fairness and transparency in the conflict resolution process.
3. Is it possible to send salary back home for Vietnamese people working abroad under direct contracts?
Content of Point d, Clause 1, Article 51 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020, one of the rights of Vietnamese workers when working abroad under directly signed labor contracts includes the transfer of money and assets.
Specifically, workers have the right to transfer back to their country their salaries, wages, income and other legal assets according to the provisions of Vietnamese law and the laws of the country in which they work. This ensures that they not only have the right to enjoy benefits in their country of work, but also the right to invest and use assets acquired abroad legally.
Accordingly, the principle of repatriating Vietnamese workers' salaries when working abroad under directly signed labor contracts is an important part of the legal infrastructure to ensure their rights and dignity. fairness in international labor relations. This highlights the law's commitment to fairness and financial security for workers, and demonstrates the importance of maintaining and strengthening international labor partnerships.
The transfer of salary back to the home country according to the provisions of Vietnamese law and the law of the working country brings transparency and accuracy in the salary payment process. This not only makes the payment process clear and fair, but also helps employees control their income, while enabling them to manage personal and family finances effectively. .
In addition, ensuring this benefit is also a measure to protect employees from unwanted financial risks. This way, they are assured that their labor contributions will be rewarded in full and on time, without having to worry about not receiving their financial benefits when they return home.
Another important aspect of wage repatriation is the creation of stability and trust in international labor relations. Employees will feel secure and appreciative knowing that they will receive a salary worthy of their efforts and skills, creating a positive and stable work environment.