Amendments made to Labor Code on Vietnamese employees working abroad under contracts

15/01/2021 10:45 AM


The Labor Code on Vietnamese employees working abroad under contracts in 2020 recently approved by the National Assembly has a number of amendments on employees’ rights.

Accordingly, Vietnamese employees working abroad under contracts are not required to pay social insurance premium or personal income tax twice in Vietnam and in the host country if Vietnam and that country have signed an agreement on social insurance or an Double Taxation Agreements (DTA); to be provided with information about Vietnamese policies and laws on Vietnamese employees working abroad under contracts and policies, laws, customs and practices of the host country related to employees rights and obligations of the parties; receive consultancy and support to perform rights, obligations and enjoy benefits in labor contracts and vocational training contracts.

In addition, employees will enjoy salaries, wages, medical examination and treatment, social and occupational accident insurance and other benefits and regimes under labor contracts; remittance of individuals' salaries, wages, income and other lawful assets according to the provisions of Vietnamese law and the law of the host country.

Illustrative image (source: Internet)

At the same time, the employee will also be guarded and protected for legal and legitimate rights and interests during the time working abroad under a contract in accordance with the law of Vietnam, the law of the host country and international law and practice.

In addition, the employee also has the right to unilaterally terminate the contract if being mistreated, forced to work or in danger of having a direct threat to their life, health or being sexually harassed during the time working abroad; to enjoy labor and employment support and benefits from the Overseas Employment Support Fund in accordance with the law.

In particular, overseas employees can complain, denounce and initiate lawsuits about violations of the law in the field of Vietnamese employees working abroad under contracts; receive counseling and support to have jobs, start a business after returning home, and get access to voluntary social psychology counseling.

VSS