What is labor export? How many forms of labor export are there?
What is labor export? Forms of labor export (Image from the internet)
What is labor export?
Labor export can be understood as Vietnamese workers going to work abroad under contracts as stipulated in Clause 1, Article 3 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020 as follows:
Vietnamese workers going to work abroad under contracts are Vietnamese citizens aged 18 or older residing in Vietnam who go to work abroad according to regulations.
Forms of labor export
Currently, there are 3 forms for Vietnamese workers to work abroad under contracts as stipulated in Article 5 of the Law on Vietnamese Workers Working Abroad under Contracts 2020 as follows:
– Contracts for sending Vietnamese workers to work abroad signed with public service units to implement international agreements.
– Contracts or written agreements on sending Vietnamese workers to work abroad signed with the following enterprises, organizations and individuals:
+ Vietnamese enterprises providing services to send Vietnamese workers to work abroad under contracts;
+ Vietnamese enterprises winning bids and receiving contracts for construction works and projects abroad;
+ Vietnamese enterprises sending Vietnamese workers to study and improve their qualifications and professional skills abroad;.
+ Vietnamese organizations and individuals investing abroad.
– Labor contracts are signed directly by Vietnamese workers with employers abroad.
Rights and obligations of labor exporters
* Vietnamese workers working abroad under contracts have the following rights:
– To be provided with information on Vietnam’s policies and laws on Vietnamese workers working abroad under contracts; policies, laws and customs and practices of the labor-receiving country related to workers; rights and obligations of the parties when working abroad under contracts;
– To be consulted and supported to exercise rights, obligations and enjoy benefits in labor contracts and vocational training contracts;
– To enjoy salaries, wages, medical examination and treatment regimes, social insurance, occupational accident insurance and other rights and regimes under labor contracts; transfer back to the country salaries, wages, income, and other legal assets of individuals in accordance with the provisions of Vietnamese law and the law of the labor receiving country;
– To be protected, to have their legitimate and legal rights and interests protected during the time working abroad under a contract in accordance with Vietnamese law, the law of the labor receiving country, and international law and practice;
– To unilaterally terminate the contract when the employer mistreats, forces the worker to work, or there is a clear risk of direct threat to life, health, or sexual harassment during the time working abroad;
– To enjoy support policies on labor, employment, and benefits from the Overseas Employment Support Fund in accordance with the provisions of law;
– Not having to pay social insurance or personal income tax twice in Vietnam and in the labor receiving country if Vietnam and that country have signed an agreement on social insurance or an agreement on avoidance of double taxation;
– Complain, denounce, and sue about violations of the law in the field of Vietnamese workers working abroad under contracts;
– Receive advice and support in job creation, starting a business after returning home, and access to voluntary psychosocial counseling services.
* Vietnamese workers working abroad under contracts have the following obligations:
– Comply with Vietnamese law and the law of the country receiving the workers;
– Preserve and promote the cultural traditions of the Vietnamese people; respect the customs and practices of the country receiving the workers; unite with workers in the country receiving the workers;
– Complete the orientation education course before going to work abroad;
– Pay service fees, make deposits according to regulations;
– Work in the right place; comply with labor discipline, labor regulations; comply with the management, operation, and supervision of the employer abroad according to the labor contract;
– Compensate for damages caused by breach of signed contracts in accordance with the provisions of Vietnamese law and the law of the country receiving the workers;
– Return to the country on time after terminating the labor contract or vocational training contract; notify the registration agency of the place of residence before going to work abroad or the new place of residence after returning to the country in accordance with the provisions of the Law on Residence within 15 days from the date of entry;
– Pay taxes, participate in social insurance, other forms of insurance in accordance with the provisions of Vietnamese law and the law of the country receiving the workers;
– Contribute to the Overseas Employment Support Fund.
