Chapter XI
SEPARATE PROVISIONS FOR MINOR EMPLOYEES AND OTHER TYPES OF EMPLOYEES
Section 1. MINOR EMPLOYEES
Article 161. Minor employees
A minor employee is an employee under 18 years of age.
Article 162. Employment of minors
1. An employer may only employ minors in work suitable to their health so as to ensure their physical, spiritual and personality development, and shall take care of minor employees regarding their work, wage, health and training in the course of their employment.
2. When employing minors, an employer shall keep a separate register fully recorded with the name, date of birth, work assigned, results of periodical medical checks of each minor employee, and shall present it at the request of a competent state agency.
Article 163. Principles of employment of minors
1. Employment of minors is prohibited in heavy, toxic and dangerous jobs or in workplaces or jobs which may adversely affect their personality, as determined in the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.
2. The working time of minor employees aged from full 15 years to under 18 years must not exceed 8 hours per day and 40 hours per week.
The working time of employees aged under 15 years must not exceed 4 hours per day and 20 hours per week and the employer may not employ these minors to work overtime or at night.
3. Persons aged from full 15 to under 18 years may work overtime and at night in some occupations and jobs stipulated by the Ministry of Labor, War Invalids and Social Affairs.
4. An employer may not employ minors to manufacture and trade in alcohol, wine, beer, cigarettes, stimulants and other habit-forming substances.
5. An employer shall create opportunities for minor employees and employed persons aged under 15 years to receive general education.
Article 164. Use of employees aged under 15 years
1. An employer may only employ persons aged from full 13 to under 15 years in light jobs according to the list issued by the Ministry of Labor, War Invalids and Social Affairs.
2. When employing a person aged from full 13 to under 15 years, an employer shall comply with the following provisions:
a/ To sign the labor contract with his/her at-law representative and with the consent of the person aged from full 13 to under 15 years;
b/ To arrange working hours which do not overlap the school hours of the child;
c/ To ensure the working conditions and occupational safety and hygiene suitable to his/her age.
3. Employment of persons aged under 13 years is prohibited, except for some specific jobs stipulated by the Ministry of Labor, War Invalids and Social Affairs.
When employing persons aged under 13 years, an employer shall comply with Clause 2 of this Article.
Article 165. Prohibited jobs and workplaces for minor employees
1. Employment of minors is prohibited in the following jobs:
a/ Carrying and lifting of heavy objects which are beyond a minor’s physical strength;
b/ Manufacture, use or transportation of chemicals, gas and explosives;
c/ Maintenance of equipment and machines;
d/ Demolition of construction works;
e/ Melting, blowing, casting, rolling, molding and welding of metals;
f/ Sea diving, offshore fishing;
g/ Other jobs which are harmful to the health, safety or morality of minor employees.
2. Employment of minors is prohibited in the following workplaces:
a/ Underwater, underground, in cave and in tunnel;
b/ Construction site;
c/ Slaughter house;
d/ Casino, bar, dance hall, karaoke parlor, hotel, hostel, sauna, massage room;
e/ Other workplaces which are harmful to the health, safety or morality of minor employees.
3. The Ministry of Labor, War Invalids and Social Affairs shall issue the lists referred to at Point g, Clause 1, and Point e, Clause 2, of this Article.
Section 2. ELDERLY EMPLOYEES
Article 166. Elderly employees
1. Elderly employee is a person who continues to work after the age defined in Article 187 of this Code.
2. Elderly employees are entitled to reduced daily working hours or to the regime of part-time work.
3. In the last working year before retirement, elderly employees are entitled to reduced normal working hours or to the regime of part-time work.
Article 167. Employment of elderly employees
1. When necessary, an employer may reach agreement with an elderly employee who has sufficient health conditions on the extension of the labor contract or the conclusion of a new labor contract in accordance with the provisions of Chapter III of this Code.
2. If, after retirement, an elderly employee is employed under a new labor contract, he/she still enjoys the rights and interests agreed upon in the labor contract, in addition to the rights and benefits under the retirement regime.
3. An employer may not employ elderly employees in heavy or dangerous jobs or jobs exposed to toxic substances that adversely affect their health, except in special cases as stipulated by the Government.
4. An employer is responsible for taking care of the health of elderly employees at the workplace.
Section 3. VIETNAMESE EMPLOYEES WORKING ABROAD, EMPLOYEES OF FOREIGN ORGANIZATIONS AND INDIVIDUALS IN VIETNAM, FOREIGN EMPLOYEES WORKING IN VIETNAM
Article 168. Vietnamese employees working abroad, employees of foreign organizations and individuals in Vietnam
1. The State encourages enterprises, agencies, organizations and individuals to seek and expand the labor market in order to send Vietnamese employees to work abroad.
Vietnamese employees working abroad shall comply with the laws of Vietnam and host countries, unless otherwise provided by treaties to which Vietnam is a contracting party.
2. Vietnamese citizens working in foreign enterprises in Vietnam, working in industrial parks, economic zones, export processing zones, in foreign or international agencies and organizations in Vietnam, or working for foreign citizens in Vietnam shall comply with Vietnamese laws and are protected under law.
Article 169. Conditions for foreign citizens to work in Vietnam
1. A foreign citizen wishing to work in Vietnam must fully meet the following conditions:
a/ Possessing full civil act capacity;
b/ Possessing technical and professional qualifications and skills and health appropriate to the work requirement;
c/ Not being a criminal or subject to penal liability examination according to Vietnamese and foreign laws;
d/ Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Article 172 of this Code.
2. Foreign employees working in Vietnam shall comply with the labor law of Vietnam and treaties to which Vietnam is a contracting party which have different provisions, and are protected by Vietnamese law.
Article 170. Conditions for employment of foreign citizens
1. Domestic enterprises, agencies, organizations, individuals and contractors may only employ foreign citizens in such positions as manager, managing director, expert and technical worker which Vietnamese employees are still unable to fill to meet production and business requirements.
2. Foreign enterprises, agencies, organizations, individuals and contractors shall, before employing foreign citizens to work in the territory of Vietnam, explain their labor demands and obtain written approval from competent state agencies.
Article 171. Work permits for foreign citizens to work in Vietnam
1. A foreign employee shall produce his/her work permit when carrying out immigration procedures and upon request of a competent state agency.
2. Any foreign citizen working in Vietnam without a work permit shall be deported from Vietnam according to the Government’s regulations.
3. Any employer employing foreign citizens without work permits shall be handled in accordance with law.
Article 172. Foreign citizens working in Vietnam who are exempt from work permit
1. Capital-contributing members or owners of limited liability companies.
2. Members of the Board of Directors of joint-stock companies.
3. Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.
4. Those who stay in Vietnam for under 3 months to offer services for sale.
5. Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam.
6. Foreign lawyers possessing a professional practice license in Vietnam in accordance with the Law on Lawyers.
7. It is in accordance with a treaty to which Vietnam is a contracting party.
8. Those who are studying and working in Vietnam, provided that the employer shall notify their employment to the provincial-level state management agency of labor 7 days in advance.
9. Other cases as stipulated by the Government.
Article 173. Validity duration of work permits
The maximum validity duration of a work permit is 2 years.
Article 174. Cases of termination of validity of work permits
1. The work permit expires.
2. The labor contract terminates.
3. The content of the labor contract is not consistent with the content of the granted work permit.
4. The contract in the field of business, trade, finance, banking, insurance, science and technology, culture, sports, education or medicine expires or terminates.
5. There is a written notice of the foreign side of the termination of sending of foreign citizens to work in Vietnam.
6. The work permit is revoked.
7. The enterprise, organization or partner in Vietnam or the foreign non-governmental organization in Vietnam ceases operation.
8. The foreign employee is sentenced to imprisonment, dies, or is declared to be dead or missing by a court.
Article 175. Grant, re-grant and revocation of work permits
The Government shall specify conditions for the grant, re-grant and revocation of work permits for foreign citizens working in Vietnam.
Section 4. DISABLED EMPLOYEES
Article 176. State policies for disabled employees
l. The State protects the rights to work and to self-employment of disabled persons, and shall formulate policies to encourage and provide incentives for employers to create jobs for and employ disabled persons in accordance with the Law on Persons with Disabilities.
2. The Government shall stipulate the policy on providing concessional loans from the National Employment Fund for employers who employ disabled persons.
Article 177. Employment of disabled persons
1. An employer shall ensure working conditions, working tools and occupational safety and hygiene suitable to disabled employees and take regular care for their health.
2. An employer shall consult disabled employees before deciding on matters involving their rights and interests.
Article 178. Prohibited acts in employment of disabled persons
1. Employing a disabled person who has lost 51% or more of his/her working ability to work overtime and at night.
2. Employing a disabled person to perform a heavy or dangerous job or a job exposed to toxic substances on the list issued by the Ministry of Labor, War Invalids and Social Affairs in coordination with the Ministry of Health.
Section 5. DOMESTIC EMPLOYEES
Article 179. Domestic employees
1. Domestic employee is a person who regularly does housework for one or more families.
Housework includes cooking, housekeeping, babysitting, caring for sick persons, caring for the elderly, driving, and gardening and other housework which is not related to commercial activities.
2. This Code does not apply to employees who do housework in the form of piecework.
Article 180. Labor contracts for domestic employees
1. An employer shall sign a written labor contract with a domestic employee.
2. The duration of a labor contract for a domestic employee may be negotiated by both parties. Either party may unilaterally terminate the labor contract with an advance notice of 15 days.
3. The two parties shall agree and clearly write in the labor contract the form and time of wage payment, daily working hours and accommodation.
Article 181. Obligations of an employer
1. To fully implement the agreements stated in the labor contract.
2. To pay to the domestic employee his/her social insurance and health insurance as provided by law to enable the latter to self-manage his/her insurance.
3. To respect the honor and dignity of the domestic employee.
4. To provide a clean and hygienic accommodation for the domestic employee, if so agreed.
5. To create opportunities for the domestic employee to receive education and vocational training.
6. To pay travel expenses for the domestic employee to return home at the end of his/her service, except the case in which the domestic employee terminates the labor contract ahead of time.
Article 182. Obligations of a domestic employee
1. To fully implement the agreements in the labor contract signed by both parties.
2. To pay compensation as agreed upon or provided by law in case of damaging or losing the property of the employer.
3. To timely notify the employer of any possibilities and risks of accident, safety, health, life and property of the employer’s family and his/her own.
4. To denounce to competent agencies if the employer commits acts of mistreating, sexually harassing or forcing labor or other illegal acts.
Article 183. Prohibited acts of an employer
1. Mistreating, sexually harassing, forcing labor and using violence against the domestic employee.
2. Assigning work to the domestic employees not in accordance with the labor contract.
3. Keeping personal documents of the domestic employee.
Section 6. OTHER TYPES OF EMPLOYEES
Article 184. Persons working in the fields of arts and physical training and sports
Persons who work in the fields of arts and physical training and sports are entitled to some suitable regimes related to vocational training age, entry into labor contracts, working time, rest time, wage, wage-related allowances, bonus and occupational safety and hygiene as stipulated by the Government.
Article 185. Employees performing home-based work
1. Employees may negotiate with employers to regularly perform home- based work.
2. This Code does not apply to employees performing home-based work in the form of processing.
Tìm kiếm
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