This Circular details the implementation of the provisions of Decree No. 27/2014/NĐ-CP on domestic labor, including the content of the labor contract, rights and obligations of the employer and employee, social insurance, work accidents, liability for compensation for damages, and enforcement clauses. This Circular takes effect from October 5, 2014.
Đối tượng áp dụng
Employer is a household and domestic worker
Các điểm cốt lõi
- Content of the labor contract
- Rights and obligations of the employer and employee
- Social insurance
- Work accidents
- Liability for compensation for damages
🌐 Tác động xã hội từ văn bản này
- Strengthening management of domestic workers
- Prevention and resolution of labor disputes
- Ensuring benefits for employees
❓ Câu hỏi thường gặp
When does this Circular take effect?
This Circular takes effect from October 5, 2014.
What regulations will be followed for contents not specified in this Circular?
Contents not specified in this Circular shall be implemented in accordance with the Labor Code and related guiding documents.
What responsibilities does the employer have when the employee suffers a work accident?
The employer must provide first aid, promptly transport the employee to the nearest medical facility for emergency treatment; provide thorough care and create all necessary conditions for the employee to receive stable treatment for injuries; inform the employee's relatives about their health status; pay co-payment costs and other expenses not covered by health insurance; pay full wages according to the labor contract during the treatment period; compensate for damage to health and provide assistance due to work accidents.
Toàn văn
|
MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
| Number: 19/2014/TT-BLDTBXH | Hanoi, August 15, 2014 |
CIRCULAR
Guidelines for implementing certain provisions of N |||Decree No. 27/2014/NĐ-CP dated April 7, 2014 of the Government on detailed implementation of certain provisions of the Labor Code concerning domestic workers COrdinance BPenal Code Llabor is a domestic workerh
___________________
Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;
Pursuant to Decree No. 27/2014/NĐ-CP dated April 7, 2014 of the Government detailing the implementation of certain provisions of the Labor Code concerning domestic workers;
At the proposal of the Director of the Department of Labor and Wages;
The Minister of Labor - Invalids and Social Affairs issues this Circular guiding the implementation of certain provisions of Decree No. 27/2014/NĐ-CP dated April 7, 2014 of the Government detailing the implementation of certain provisions of the Labor Code concerning domestic workers.
Section 1
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the implementation of certain provisions regarding labor contracts, wages, working hours, rest periods, occupational safety and health, and material responsibility stipulated in Decree No. 27/2014/NĐ-CP dated April 7, 2014 of the Government detailing the implementation of certain provisions of the Labor Code concerning domestic workers (hereinafter referred to as Decree No. 27/2014/NĐ-CP).
Article 2. Applicability
This Circular applies to the subjects specified in Article 2 of Decree No. 27/2014/NĐ-CP.
Section 2
LABOR CONTRACTS
Article 3. Parties to the labor contract
1. The party to the labor contract on behalf of the employer as stipulated in Clause 1, Article 4 of Decree No. 27/2014/NĐ-CP shall be as follows:
a) The head of the household who represents the family hiring or using domestic workers in accordance with the law;
b) A person authorized in writing by the head of the household or heads of households jointly hiring or using domestic workers;
c) A person authorized in writing by members of the household or members of households jointly hiring or using domestic workers. The authorization letter is attached as Appendix I to this Circular.
The head of the household and the authorized person signing the labor contract as stipulated in points a, b, and c of Clause 1 of this Article must have full capacity for civil acts under the law. The authorized person signing the labor contract may not further authorize another person to sign the labor contract.
2. The party to the labor contract on behalf of the employee as stipulated in Clause 2, Article 4 of Decree No. 27/2014/NĐ-CP shall be as follows:
a) An employee who has reached eighteen years of age or older;
b) An employee aged from fifteen to under eighteen years old with a written consent from the legal representative of the employee. The legal representative of the employee is the biological father or mother, adoptive father or mother, or the lawful guardian of the employee.
The written consent of the legal representative of the employee is attached as Appendix II to this Circular.
Article 4. Signing a labor contract with illiterate employees
The signing of a labor contract with illiterate employees as stipulated in Clause 1, Article 5 of Decree No. 27/2014/NĐ-CP is as follows:
1. The employer reads aloud all the contents of the labor contract so that the employee can hear and agree on the contents before signing the labor contract.
2. The employee signs the labor contract with the employer by affixing fingerprints.
3. In cases where there is a third party who is not a member of the household hiring or using domestic workers as a witness, the labor contract must clearly record the witness's full name, identification card number or passport number, permanent residence registration certificate number, contact address if necessary, and signature.
Article 5. Obligation to Report the Employment of Domestic Workers
The obligation to report the employment of domestic workers by employers as stipulated in Clause 4 of Article 5 of Decree No. 27/2014/NĐ-CP shall be implemented as follows:
1. Within ten days from the date of signing the labor contract, the employer shall submit a written notification to the People's Committee of the commune, ward, or town where the worker is employed regarding the employment of domestic workers.
2. The form for notifying the employment of domestic workers is attached as Appendix III to this Circular.
Article 6. Contents of the Labor Contract
The main contents of the labor contract as prescribed in Article 7 of Decree No. 27/2014/NĐ-CP are specified as follows:
1. Personal information of the parties signing the labor contract
a) Full name, date of birth, gender, identification card number or passport number, place of permanent household registration, current address of the party signing the labor contract on behalf of the employer;
b) Full name, date of birth, gender, identification card number or passport number, place of permanent household registration, current address of the worker;
c) Full name, date of birth, gender, identification card number or passport number, relationship with the worker, place of permanent household registration, current address of the legal representative of the worker who is at least 15 years old but under 18 years old;
d) Full name, identification card number or passport number, place of permanent household registration, contact address when necessary of the witness (if any);
e) Full name, relationship with the worker, contact address of the person providing information when necessary of the worker.
2. Work and Place of Work
a) Regular work hours, daily, weekly, or monthly tasks that the worker must perform;
b) Place of work: the address of the family household or multiple households where the worker is employed.
3. Duration of the Labor Contract
a) Type of labor contract (unfixed term or fixed term or seasonal or specific job contract with a duration of less than twelve months); In case the party signing the labor contract on behalf of the employer is authorized by members of the household or members of multiple households to hire domestic workers, the duration of the contract shall not exceed the authorized period.
b) Start date of the contract: from day, month, year;
c) End date of the contract: until day, month, year (for fixed-term contracts or seasonal or specific job contracts with a duration of less than twelve months).
4. Wages
a) Wages: amount recorded in Vietnamese dong (including living expenses and accommodation costs if the worker lives at the employer's residence), including:
- Wage level: amount paid to the worker calculated monthly, weekly, daily, or hourly and recorded in Vietnamese dong;
- Allowances (if applicable): type of allowance, conditions for receiving allowances, allowance level (recorded in Vietnamese dong);
- Other additional amounts (if applicable): corresponding amount and level (recorded in Vietnamese dong), payment period (daily, weekly, or monthly);
b) Conditions and time for adjusting wage levels, allowances, subsidies, and other additional amounts (if applicable);
c) Method of wage payment: in cash or by bank transfer;
In case of bank transfer, clearly state the responsibilities of the employer and the worker in opening a bank account and paying related fees for opening and maintaining the bank account;
d) Payment period for wages: record the fixed payment date within the day, week, or month.
5. Bonuses (if applicable)
a) Conditions for receiving bonuses;
b) Bonus level (recorded in Vietnamese dong), payment period (weekly, monthly, or annually) and method of payment (in cash or by bank transfer) for the worker.
6. Working Hours and Rest Time
a) Working hours and rest time
In case the worker does not live at the employer's residence: record the start and end times of work each day;
In case the worker lives at the employer's residence: record the number of hours of rest in a day, including continuous rest hours; start and end times of continuous rest.
b) Number of working days in a week;
c) Weekly rest day: record the fixed rest day in the week (according to the schedule);
d) Annual leave days (if applicable);
đ) Unpaid leave days (if applicable).
7. Protective Equipment: type, quantity, personal protective equipment issuance period (daily, weekly, monthly, or annually).
8. Social Insurance and Health Insurance
a) Social insurance: amount (recorded in Vietnamese dong) equivalent to the mandatory social insurance contribution rate per month according to the employer's responsibility under the law on social insurance, paid to the worker together with the wage payment period; method of payment (in cash or by bank transfer to the worker);
b) Health insurance: amount (recorded in Vietnamese dong) equivalent to the mandatory health insurance contribution rate per month according to the employer's responsibility under the law on health insurance; payment period (together with the wage payment period); method of payment (in cash or by bank transfer to the worker);
c) Responsibility of the worker to self-fund social insurance and health insurance.
9. Meals and Accommodation for the Worker
a) Meal and accommodation costs for the worker borne by the employer or paid by the worker to the employer: meal and accommodation cost level recorded in Vietnamese dong; payment period (daily, weekly, or monthly); method of payment (in cash or by bank transfer to the employer);
b) The employer and the worker have the responsibility to ensure clean and hygienic meals and accommodation.
10. Travel Expenses to Return Home Upon Termination of the Labor Contract: amount (recorded in Vietnamese dong).
11. Vocational training support and cultural education support (if applicable): duration of study (per day, per week, or per month); amount of support (in Vietnamese Dong); period of support (per day, per week, or per month); form of support (cash or bank transfer) for the worker.
12. Worker's liability for compensation
a) When workers damage tools, equipment, or property of the employer: specify the type of tool, equipment, or property; extent of damage; level of property loss; compensation amount; form of compensation; deadline for compensation;
b) Compensation when workers lose tools, equipment, or other property of the employer: specify the type of tool, equipment, or property; compensation amount; form of compensation (cash or in kind or other forms); deadline for compensation.
13. Prohibited acts
a) Prohibited acts against employers and members of the household, such as: abuse, defamation, insult to dignity, sexual harassment, forced labor; fining or withholding wages from workers; assigning tasks to workers not in accordance with the labor contract; retaining original personal identification documents of workers; disclosing personal information adversely affecting workers; unauthorized search and use of personal items of workers; and other acts agreed upon by both parties;
b) Prohibited acts against workers, such as: theft; gambling; intentionally causing injury to members of the household or co-workers; using addictive substances; prostitution; abuse, defamation, insult to dignity, sexual harassment of members of the household and relatives of members of the household; bringing guests, friends, or relatives into the employer's house or staying overnight without permission; unauthorized search and use of personal items of members of the household; disclosing personal information of members of the household or the household; and other acts agreed upon by both parties.
Article 7. Probationary Period
The content of the probationary period is stipulated in Article 8 of Decree No. 27/2014/NĐ-CP as follows:
1. The probationary period (if any) shall not exceed six working days.
2. Both parties may only agree on a trial work arrangement for regular work when signing the labor contract.
3. Immediately after the end of the probationary period, both parties shall agree on the contents recorded in the labor contract and sign the labor contract.
4. Wages during the probationary period are stipulated as follows:
a) In cases where both parties have agreed on the wage rate for the job to be performed, the wage rate during the probationary period must be at least 85% of the agreed wage rate;
b) In cases where both parties have not agreed on the wage rate for the job to be performed, the wage rate during the probationary period must be at least 85% of the minimum wage rate set by the Government applicable to the area where the worker performs the work;
c) The daily wage for payment to the worker during the probationary period, as agreed by both parties, shall be determined according to the provisions of point c Clause 1 of Article 13 of this Circular.
5. In cases where both parties agree to sign a probationary contract, the content of the probationary contract shall comply with the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, and 17 of Article 6 of this Circular.
Article 8. Notice before unilateral termination of employment contract
The cases of notice before unilateral termination of employment contract under Clause 1, 2 of Article 11 and Clause 1, 2 of Article 12 of Decree No. 27/2014/ND-CP are stipulated as follows:
1. Workers must notify the employer when unilaterally terminating the employment contract.
2. The notice period for unilateral termination of the employment contract shall be calculated in days (full 24 hours) from the date of notification.
3. The form of notice may be oral, telephone, or in writing.
Article 9. Obligations of workers and employers when unilaterally terminating the employment contract unlawfully
1. Obligations of workers when unilaterally terminating the employment contract not in accordance with Article 11 of Decree No. 27/2014/ND-CP:
a) Not entitled to severance pay and must compensate the employer half a month's salary according to the employment contract;
b) If violating the notice period requirement, must compensate the employer an amount corresponding to the worker's salary for the days without notice;
c) Must return the costs of vocational training and cultural education support (if any) to the employer, except where both parties have agreed otherwise.
2. Obligations of employers when unilaterally terminating the employment contract not in accordance with Article 12 of Decree No. 27/2014/ND-CP:
a) Must accept the worker back to work according to the employment contract already concluded and must pay wages, social insurance, and health insurance for the days the worker was unable to work plus at least two months' salary according to the employment contract;
b) In case the worker does not wish to continue working, in addition to the compensation amount specified in point a of this clause, the employer must also pay severance pay (if applicable) as stipulated in Clause 2 of Article 10 of this Circular;
c) In case the employer does not want to rehire the worker, in addition to the compensation amount specified in point a of this clause and severance pay (if applicable) as stipulated in Clause 2 of Article 10 of this Circular, both parties shall negotiate additional compensation but it must be at least equal to two months' salary according to the employment contract to terminate the employment contract;
d) In case of violation of the notice period requirement, must compensate the worker an amount corresponding to the worker's salary for the days without notice;
e) Pay travel expenses for the worker to return to their place of residence.
3. Monthly salary used as the basis for calculating compensation and payment for the days the worker did not work or for the days without notice as stipulated in Clause 1 and Clause 2 of this Article shall be determined according to the provisions of Clause 1 of Article 13 of this Circular.
4. Daily social insurance and health insurance payments for the days the worker was unable to work as stipulated in point a of Clause 2 of this Article shall be determined based on the monthly social insurance and health insurance amounts that the employer is responsible for according to the law, as agreed and recorded in the employment contract, divided by the number of normal working days in a month agreed upon by both parties but not exceeding 26 days in a month.
Article 10. Obligations of the Employer and Employee when Terminating the Labor Contract
1. The provisions related to the rights of each party in the labor contract under Clause 1, Article 13 of Decree No. 27/2014/NĐ-CP are as follows:
a) Wages, social insurance, and health insurance of the employee up to the date of termination of the labor contract;
b) Wages for annual leave days that the employee has not taken (if applicable);
c) Meal and accommodation expenses of the employee (if applicable);
d) Cultural and vocational training support costs (if applicable);
đ) Travel expenses for the employee's return journey to their place of residence, except in cases where the employee terminates a fixed-term labor contract or a seasonal or specific task labor contract with a duration of less than 12 months unilaterally;
e) Other agreed-upon amounts in the labor contract (if applicable).
2. Termination allowance for employees under Clause 2, Article 13 of Decree No. 27/2014/NĐ-CP is as follows:
a) The employer is responsible for paying termination allowances to employees who have worked continuously for at least 12 months, with each year of work entitling the employee to half a month's salary as an allowance;
b) The period of work for calculating the termination allowance includes the actual working time of the employee for the employer, including: probationary period, working time at a household; time arranged by the employer for cultural and vocational training; time off due to illness, maternity, workplace accidents; weekly rest time, paid leave according to Articles 111, 112, 115, and Clause 1, Article 116 of the Labor Code; time off due to cessation of work or absence from work not attributable to the employee's fault; time off due to temporary suspension of work, detention, or arrest but returned to work upon conclusion by a competent state authority that no crime was committed; unpaid leave if agreed by the employer;
c) In cases where an employee has worked continuously for the employer under multiple previous labor contracts without receiving termination allowance from the employer, the actual working time for the employer is the total (cumulative) time the employee has worked for the employer under those labor contracts;
d) The working period for calculating the termination allowance is calculated in years, and in cases with partial months, from one month to less than six months is counted as half a year, and six months or more is counted as one full year of work;
đ) The wage for calculating the termination allowance is the average wage recorded in the labor contract for the six consecutive months immediately preceding the termination of the labor contract.
e) For employees who started working before May 1, 2013, the working period from the start of employment until April 30, 2013, shall be calculated for the termination allowance according to the agreement recorded in the previously signed labor contract (if applicable).
Article 11. Obligation to Notify Termination of the Labor Contract by the Employer
The obligation to notify the termination of the labor contract by the employer under Clause 3, Article 13 of Decree No. 27/2014/NĐ-CP is as follows:
1. Within ten days from the date of termination of the labor contract, the employer must notify in writing the People's Committee of the commune, ward, or town where the employee works about the termination of the labor contract with the domestic helper.
2. The notification of termination of the labor contract with the employee is in accordance with Appendix IV issued together with this Circular.
Section 3
WAGES
Article 12. Wages
1. Wages are the amount of money that the employer pays to the employee to perform work as agreed.
2. Wages (including basic wages, wage allowances, and other supplementary amounts) shall be agreed upon by both parties and recorded in the labor contract in accordance with Clause 4, Article 6 of this Circular.
3. The basic wage (including the cost of meals and accommodation for employees living with the employer's family, if applicable) shall not be lower than the minimum regional wage set by the Government applicable to the area where the employee works.
Article 13. Forms of Wage Payment and Time Limit for Wage Payment
The forms of wage payment and time limit for wage payment are stipulated in Clause 2, Article 15 of Decree No. 27/2014/NĐ-CP as follows:
1. The employer shall pay wages to the employee based on the agreed period (monthly, weekly, daily, hourly), including:
a) Monthly wage payment is the wage paid for a month of work based on the labor contract;
b) Weekly wage payment is the wage paid for a week of work based on the monthly wage multiplied by 12 months and divided by 52 weeks;
c) Daily wage payment is the wage paid for a day of work based on the monthly wage divided by the number of regular working days in a month as prescribed by law, but not exceeding 26 days;
d) Hourly wage payment is the wage paid for an hour of work based on the daily wage divided by the number of regular working hours in a day as agreed and recorded in the labor contract.
2. Time limit for wage payment
The employee and the employer shall agree on a fixed time and date for wage payment within a day, week, or month and record it in the labor contract. Employees who are paid by the hour, day, week, or month shall be paid after completing their working hours, days, weeks, or months, or the payment may be combined as agreed by both parties.
Article 14. Overtime Wages
The overtime wage payment provisions stipulated in Clause 3, Article 15 of Decree No. 27/2014/NĐ-CP are as follows:
1. An employee working outside the hours specified in the labor contract on a normal working day shall be paid at least 150% of the hourly wage.
2. An employee working on a weekly rest day shall be paid at least 200% of the daily wage.
3. An employee working on a public holiday, Tet holiday, or paid leave day shall be paid at least 300% of the daily wage, excluding the wage for the holiday or paid leave day as prescribed by the Labor Code for employees paid by the hour, day, or week.
4. An employee working outside the hours specified in the labor contract during nighttime shall, in addition to the wage paid according to Clauses 1, 2, and 3 of this Article, also receive an additional 20% of the hourly wage of a regular working day or the wage of a weekly rest day or of a public holiday or Tet holiday or paid leave day.
The hourly and daily wage rates are determined according to Point c and Point d of Clause 1, Article 13 of this Circular.
Article 15. Deduction from Salary
The monthly salary level used as the basis for deducting salary from employees as stipulated in Article 17 of Decree No. 27/2014/NĐ-CP is the salary level (including basic salary, salary allowances, and other supplementary amounts) recorded in the labor contract on a monthly basis.
In cases where the salary recorded in the labor contract is calculated on a weekly, daily, or hourly basis, the employer and employee must agree to convert the salary level to a monthly basis as the basis for agreeing on the deduction rate of the employee's salary as prescribed in Clause 1, Article 13 of this Circular.
Section 4
WORKING HOURS AND REST PERIODS
Article 16. Working Hours for Employees Aged 15 to Under 18 Years Old
The working hours for employees aged 15 to under 18 years old shall not exceed eight hours per day and forty hours per week.
Article 17. Weekly Rest Days
In cases where it is impossible to arrange for employees to have weekly rest days, the employer shall be responsible for ensuring that employees have at least four rest days on average per month, and the employer must pay overtime wages to employees according to the provisions of Clause 2, Article 14 of this Circular.
Article 18. Salary Paid for Annual Leave, Holidays, and Tet Breaks
1. The salary used as the basis for calculating payment for annual leave as stipulated in Clause 1 and for holidays and Tet breaks as stipulated in Clause 2 of Article 23 of Decree No. 27/2014/NĐ-CP is the salary recorded in the labor contract of the preceding month immediately before the employee takes annual leave, holiday, or Tet break, divided by the number of normal working days agreed upon in the labor contract, multiplied by the number of annual leave, holiday, and Tet break days of the employee.
2. When taking annual leave, employees may be advanced a sum of money equivalent to at least the salary for the days off as stipulated in Clause 1 of this Article.
3. In cases where employees terminate their labor contracts or for other reasons have not taken their full annual leave or have not completed their full annual leave days as prescribed, the employer shall pay the salary for the days the employee has not taken leave. The salary used as the basis for calculating payment for the days the employee has not taken leave is the average monthly salary recorded in the labor contract for six months prior to termination of the labor contract or prior to calculation of payment for the employee, divided by the number of normal working days stipulated by law but not exceeding twenty-six days, multiplied by the number of days the employee has not taken leave or has not completed. In cases where the employee's working period is less than six months, the salary used as the basis for calculating payment for the days the employee has not taken leave is the average salary recorded in the labor contract for the entire working period.
Section 5
OCCUPATIONAL SAFETY AND HEALTH, MATERIAL LIABILITY
Article 19. Health Examination of Employees
The health examination of employees as stipulated in Clause 3, Article 24 of Decree No. 27/2014/NĐ-CP is as follows:
1. Employers must arrange for employees to undergo regular health examinations at least once a year.
2. In necessary cases, employers may require employees to undergo health examinations at medical facilities designated by the employer.
3. The costs of regular health examinations and health examinations requested by the employer as stipulated in Clauses 1 and 2 of this Article shall be borne by the employer, except in cases where both parties have agreed otherwise.
Article 20. Responsibilities of the Employer when Workers Suffer Work-Related Accidents
The responsibilities of the employer when workers suffer work-related accidents as stipulated in Clause 1, Article 25 of Decree No. 27/2014/NĐ-CP shall be implemented as follows:
1. Provide first aid and take all measures to transport the worker to the nearest medical facility for timely emergency care.
2. Carefully attend to and create all necessary conditions for the worker to receive stable treatment for injuries.
3. Immediately and regularly inform the worker's family about the health status of the worker who has suffered a work-related accident.
4. Pay the co-payment portion and other expenses not covered by the health insurance scheme for workers participating in health insurance, or a portion of medical costs from first aid, emergency care until stable treatment for workers not participating in health insurance according to agreements with such workers.
5. Pay full wages according to the labor contract during the period of treatment.
6. Compensate workers whose ability to work has been reduced by 5% or more due to a work-related accident not caused by the fault of the worker at the following levels:
a) At least 1.5 months' salary according to the labor contract if the reduction in working capacity is between 5% and 10%; thereafter, for each additional 1%, an additional 0.4 months' salary according to the labor contract if the reduction in working capacity is between 11% and 80%;
b) At least 30 months' salary according to the labor contract for workers whose working capacity has been reduced by 81% or more, or for the relatives of workers who have died due to a work-related accident.
7. Provide financial assistance to workers suffering from a work-related accident due to their own fault, with an amount of at least 40% of the level specified in Clause 6 of this Article.
8. Report and cooperate with competent authorities to investigate work-related accidents in accordance with the provisions of the law.
Article 21. Compensation for Damages
The responsibility for compensation of workers as stipulated in Clause 2, Article 26 of Decree No. 27/2014/NĐ-CP shall be implemented as follows:
1. In cases where workers negligently cause damage to employers with a value not exceeding 10 times the minimum wage of the region as prescribed by the Government applicable to the workplace of the worker, the worker must compensate up to three months' salary according to the labor contract through monthly salary deductions.
The deduction rate shall be agreed upon by both parties but shall not exceed 30% of the monthly salary for workers not living in the employer's household; it shall not exceed 60% of the remaining monthly salary after deducting food and accommodation expenses for workers living in the employer's household (if any).
2. In cases where the worker does not act negligently or causes damage with a value exceeding 10 times the minimum wage of the region as prescribed by the Government applicable to the workplace of the worker, the employer shall base on the fault, actual extent of damage, actual family circumstances, personal background, and property of the worker to decide on the compensation amount, repayment period, and method of compensation. If the worker disagrees with the employer's decision, they may request the court to resolve the matter.
3. The compensation for damages by workers as stipulated in Clause 2 of this Article must be documented in a written compensation commitment. In cases where the worker cannot read or write, the process of establishing the written compensation commitment shall be carried out in accordance with the regulations for signing a labor contract with illiterate workers as stipulated in Article 4 of this Circular. The written compensation commitment shall be made in two copies, with each party holding one copy. The written compensation commitment is attached as Appendix V of this Circular.
4. In cases where damage is caused by natural disasters, fires, enemy attacks, epidemics, or unforeseeable and unavoidable objective reasons despite the worker having applied all necessary and possible measures, there is no need for compensation.
Chapter 6
IMPLEMENTING PROVISIONS
Article 22. Effectiveness
1. This Circular takes effect from October 5, 2014.
2. Matters not regulated in this Circular shall be implemented in accordance with the Labor Code and related guiding documents.
3. Labor contracts that are currently in effect and were concluded before the date this Circular takes effect shall be revised, supplemented, or new labor contracts signed based on the provisions of Decree No. 27/2014/NĐ-CP and this Circular by the employer and the worker, and reported to the People's Committee of the commune, ward, town where the worker works in accordance with this Circular.
Article 23. Responsibility for Implementation
1. The People's Committee of communes, wards, towns shall be responsible for:
a) Promoting and disseminating the implementation of regulations on domestic service workers to workers and households renting domestic service workers;
b) Assigning staff to monitor and manage the use of domestic service workers within their jurisdiction;
c) Establishing a Domestic Service Worker Management Register with main contents as prescribed in Appendix VI issued together with this Circular; receiving and managing notifications of the use of domestic service workers and termination of labor contracts with domestic service workers from employers within their jurisdiction;
d) Regularly checking every six months the compliance with labor laws by domestic service workers and households using domestic service workers within their jurisdiction;
đ) Summarizing and reporting every six months the situation of using domestic service workers within their jurisdiction to the People's Committee of districts, towns, cities directly under provinces as prescribed in Appendix VII issued together with this Circular.
2. The People's Committee of districts, towns, cities directly under provinces shall direct the Department of Labor, Invalids, and Social Affairs to implement monitoring and management of domestic service workers within their jurisdiction while reporting to the Department of Labor, Invalids, and Social Affairs as prescribed in Appendix VII issued together with this Circular.
3. The People's Committee of the province and centrally governed city shall be responsible for directing the Department of Labor, Invalids, and Social Affairs to implement:
a) Organizing guidance on the management of domestic workers within their jurisdictional area;
b) Propagating and disseminating regulations concerning domestic work to workers and employers within their jurisdictional area;
c) Periodically every six months, compiling and reporting the situation regarding the use of domestic workers within their jurisdictional area to the People's Committee of the province and centrally governed city, while simultaneously sending it to the Ministry of Labor, Invalids, and Social Affairs for consolidation according to Appendix VII issued together with this Circular.
4. Requesting political agencies and social-political organizations at both central and local levels to participate in managing and supervising the implementation of regulations concerning domestic work within their respective areas.
During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor - Invalids and Social Affairs for supplementation and guidance./.
DEPUTY MINISTER
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