During the period of opening up and integrating with the global economy, we have built many international economic relationships. One of these economic relationships is the cooperation in sending Vietnamese workers to work abroad. Partially meet the demand for labor resources of countries, with all different types of labor. At the same time, this activity has created many opportunities for Vietnamese workers to work and find a good source of income. The following article will analyze the characteristics of the form of sending Vietnamese workers to work abroad for a limited time through service enterprises.
Define
It can be understood that sending Vietnamese workers to work abroad for a definite term is an activity of sending Vietnamese citizens residing in Vietnam who are eligible under Vietnamese law and the law of the receiving country. go to work abroad for a certain period of time according to the contract.
Signs to identify Vietnamese employees working abroad
Be a Vietnamese citizen residing in Vietnam; Having fully met the conditions prescribed by the law of Vietnam and the law of the receiving country; Going to work abroad through a contract.
Forms of sending Vietnamese workers to work abroad for a definite term are specified in Article 6 of the Law on Vietnamese workers to work abroad under contract in 2020. In which, the form of sending people to work abroad is specified. Vietnamese workers go to work abroad for a definite term through service enterprises specified in Clause 1 of this Article.
Conditions for service enterprises to send workers to work abroad
Pursuant to Article 8 of the Law on Vietnamese employees working abroad under contract 2020 and Decree No. 112/2021/ND-CP detailing the implementation of a number of articles of this Law, the following conditions can be drawn: after:
– Regarding the type of enterprise to be considered for issuance of a license to operate the service of sending workers to work abroad, it is an enterprise established and operating under an LDN with 100% charter capital of organizations and individuals. Vietnam
– The legal capital of enterprises providing services to send workers to work abroad is 5 billion VND.
– Regarding the licensing issue: There is a license to provide services for workers going to work abroad
– Regarding the number of branches: Service enterprises are assigned no more than three branches in three provinces and centrally run cities to perform this activity.
In which, the conditions for enterprises to be licensed are as follows:
- There are activities topics for workers going to work abroad;
- Having professional machines to foster necessary knowledge for workers before going to work abroad and sending workers to work abroad according to regulations of MOLISA.
- The leader of the operation of sending workers to work abroad must have a university degree or higher, have at least three years of experience in the field of sending workers to work abroad or operating in the field of international cooperation and relations;
- Having a deposit according to the Government’s regulations. ( 1 billion)
In addition, the law also stipulates the areas, industries and jobs that are prohibited from going to work abroad in order to guide the behavior of service enterprises sending workers abroad to work. This includes: Areas with war or at risk of war, areas contaminated with radiation, contaminated areas, areas with particularly dangerous epidemics; Areas where the receiving country prohibits foreign workers from coming to work; Extremely arduous, hazardous and dangerous occupations and jobs that are not suitable for the physical condition of Vietnamese people; jobs affecting the fine customs and traditions of Vietnam are on the list of prohibited regulations.
Service providers and employees will reach an agreement on going to work abroad, under which there will be three types of contracts: Labor supply contract, Contract to send workers to work abroad. Foreigners and Labor Contracts. In there:
A labor supply contract must be consistent with the laws of Vietnam and the law of the receiving country and have the following main contents: Duration of the contract; Number of workers going to work abroad; industries, occupations and jobs to be done; Work location; Working conditions and environment; Working time and rest time; Labor safety and protection; Salary, wages, other benefits and bonuses (if any); overtime pay; Food, accommodation and living conditions; Medical examination and treatment regime; Social insurance regime; Conditions for premature termination of the contract and liability to compensate for damage; Responsibility to pay transportation costs from Vietnam to the workplace and vice versa; Brokerage money (if any); Responsibilities of the parties when the employee dies while working abroad; Dispute settlement; Responsibility to help workers send money back home.
Note: The contract to send workers to work abroad and the labor contract must have specific contents, consistent with the content of the labor supply contract. Agreements on brokerage fees, service fees, and deposits of employees must be stated in the contract of sending workers to work abroad.
In this regard, the Ministry of Labor, War Invalids and Social Affairs has specified the form and content of the labor supply contract and the contract to send workers to work abroad in accordance with each labor market.
The rights and obligations of service enterprises are specified as follows
Rights:
– Providing services of sending workers to work abroad; organize the recruitment of laborers in the localities;
– Signing labor supply contracts with foreign parties, Contracts of sending workers to work abroad with employees, Guarantee contracts with guarantors before the workers go to work abroad. ;
– Negotiate with employees on depositing and introducing guarantors;
– Request the employee or the guarantor to compensate for the damage caused by the employee in accordance with the law;
Obligations:
– Directly recruiting workers
– Organize or cooperate with vocational training institutions and training institutions to provide vocational training, supplement skills and foreign languages for workers before going to work abroad in accordance with the requirements of each labor market. ;
– Organize the management and protection of the lawful rights and interests of employees sent by enterprises to work abroad;
– To compensate employees and guarantors for damage caused by enterprises in accordance with the law;
– Liquidate the contract of sending workers to work abroad with the employee in accordance with the law;
Above is an article advising on “Form of submitting vietnam workers to work for a term work outside outside through service enterprises” of Apra Law Company Limited. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.
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