Decision No. 335/2003/QĐ-BLĐTBXH On temporary regulations regarding forms of handling violations by pilot enterprises sending workers to work in Malaysia

DECISION OF THE MINISTER

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

Regarding the Provisional Regulations on Forms of Handling Violations for Pilot Enterprises Sending Workers to Work in Malaysia

Pilot enterprises sending workers to work in Malaysia that violate any of the following contents will be subject to handling:

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THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

1. Registering incomplete labor supply contracts with Malaysia (10% or more compared to the number going);

The guidance opinion of the Prime Minister in Document No. 827/VPCP-KHTH dated February 25, 2003 on lending without collateral to workers going abroad for a limited period;

2. Recruiting workers through intermediaries;

3. Conducting orientation training and education for workers not in accordance with regulations;

DECISION:

Article 1. 4. Having over 100 workers without a management staff member;

5. Signing contracts with Malaysian partners contrary to regulations (for example: lower wages than stipulated, higher taxes than prescribed by Malaysian Law...);

6. Having workers flee, fight, collectively resign, go on strike... but failing to resolve these issues promptly and thoroughly, thereby affecting the reputation of Vietnamese workers in the Malaysian market;

7. Collecting money from workers not in accordance with regulations;

8. Failing to fully and timely comply with reporting requirements as prescribed.

Forms of handling:

1. Warning and notifying the supervising agency and other enterprises if they violate one to two items listed in Article 1 of this Decision but the consequences are not severe;

2. Temporarily suspending the dispatch of workers to Malaysia for one to two months for consolidation if they simultaneously violate two to three items listed in Article 1, or fail to resolve disputes in a timely manner (within seven days without resolving the issue or failing to manage so that workers are arrested, flee...), causing complex situations or negative impacts on Vietnamese workers in Malaysia;

3. Temporarily suspending the dispatch of workers to Malaysia for three to six months for consolidation if they violate four or more items listed in Article 1;

Article 2. 4. Ceasing the dispatch of workers to Malaysia if they have been handled according to Clause 2 and 3 of this Article but then violate any of the items listed in Article 1 again.

The Director of the Overseas Labor Management Department shall be responsible for:

1. Handling enterprises in violation according to the provisions of Clause 1 and 2 of Article 2 and reporting the results of such handling in writing to the leadership of the Ministry;

2. Submitting to the Ministry's leadership for handling enterprises in violation according to the provisions of Clause 3 and 4 of Article 2;

3. Monitoring, inspecting, and auditing compliance with the decision on handling by enterprises and reporting in writing to the Ministry.

Article 3. The Head of the Ministry’s Office, the Director of the Overseas Labor Management Department, pilot enterprises sending workers to work in Malaysia, and heads of related units are responsible for implementing this Decision./.

1. Handle enterprises in violation according to the provisions of Clauses 1 and 2 of Article 2 and report the handling results to the Ministry's leadership in writing;

2. Submit for the Ministry's leadership to handle enterprises in violation according to the provisions of Clauses 3 and 4 of Article 2;

3. Monitor, inspect, and audit the compliance of enterprises with the handling decisions and report to the Ministry in writing.

Article 4. This Decision takes effect from the date of signature.

Article 5. The Director of the Ministry’s Office, the Director of the Department of Overseas Labor Management, pilot enterprises sending workers to work in Malaysia, and the heads of related units are responsible for implementing this Decision./.