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Intellectual people
With the majority of delegates in agreement, on the afternoon of November 13, the National Assembly passed the law on Vietnamese workers working abroad under contract. The law has many new provisions to protect the interests of employees.
Previously, in the report of receipt, explanation and review of the bill of the Standing Commission of the National Assembly (signed by the Vice President of the National Assembly, Tong Thi Phong), additional recommendations were suggested by the deputies of the Assembly National. specifying policies to ensure gender equality, taking measures to support workers who perform delicate jobs that may be harmed; stipulate policies to support job creation and start-up after employees return home to ensure viability, avoid wasting budget.
Upon receiving this opinion, the Permanent Commission of the National Assembly has ordered the modification and complementation of subsection e, subsection 2, of article 26 of the bill on the obligations of service companies to have qualified professional personnel. ”Manage and support foreign workers in accordance with the regulations of the Ministry of Labor, War Invalids and Social Affairs; “Ensure that legal assistance is provided in cases where workers need legal assistance in the event of abuse, violence or discrimination while working abroad.”
The bill also supplemented the content of orientation education in points i and k, clause 1, article 65 to ensure that employees receive basic information and knowledge about forced labor, prevention and control. human trafficking, gender equality, sexual abuse, gender violence and prevention skills; protection of citizens, protection of legal and legitimate rights and interests and problems to be avoided while working abroad.
In addition, many policies are also focused on for employees after returning home, such as job creation and start-up support, job training, skills …
Also with the objective of protecting the interests of the workers, the Standing Committee also declared that the principle emphasized in the prohibited acts is the charging of intermediation commissions to send workers abroad to work.
The explanatory report also indicated that several deputies of the National Assembly proposed to abolish regulations related to workers who have to pay service charges. The Permanent Report, the practice of sending Vietnamese workers abroad shows that, in the context of the international supply and demand for labor, there is strong competition between countries sending workers to work in the country. Besides Vietnamese workers, the competitiveness of Vietnamese workers is not high because the quality of Vietnamese workers is mainly unskilled workers.
Furthermore, the ability of service companies to send Vietnamese workers abroad under contracts is still limited and they are often unable to directly sign labor supply contracts with employers. in the country receiving labor, which must be through intermediary organizations or people. As a result, the amount of money that the service company receives from its employer in the host country is often not enough to cover the costs of providing services to send workers abroad (such as search activities, market development, negotiation, signing contracts for the supply of labor and management of employees abroad …
Therefore, Vietnamese workers working abroad under the contract still have to pay service charges to the company.
The Standing Committee of the National Assembly said that, in the long term, in addition to improving the quality of the Vietnamese workforce working abroad, service companies must improve their management capacity and competitiveness. compete to exploit the market, negotiate to sign quality labor supply contracts, minimize service costs for employees and, finally, not have to pay for services to work abroad in the spirit of recommendation of the International Labor Organization (ILO).
In the immediate future, in order for the job of sending Vietnamese workers abroad to continue working normally, the regulations on service fees are still maintained.
However, in order to ensure publicity and transparency, the law also stipulates charges for services and strictly regulates the principles of collecting fees; the limit for the services companies can receive from employees. In the event that the foreign party accepts the labor for which the service was paid, the service company may only charge the worker the amount owed at the service fee as agreed by the two parties.
In addition, the law also includes a provision on the service fee paid by the receiving foreign party in the labor supply contract.
Another outstanding content of the law is the Support Fund for Employment Abroad. The agency that explained and received said that the National Assembly delegates proposed additional regulations on the allocation and financial support of the Overseas Employment Support Fund to localities to implement the information and propaganda work of the laws of Vietnam to workers working abroad, the overseas labor market and host country policies and laws, expanding and developing markets. work schools abroad.
According to the Standing Committee of the National Assembly, the use and expenditure of the Support Fund for Employment Abroad should be based on the principle of payment and the beneficiary; The bill no longer stipulates that the State contribute to this Fund and adjusts the regulations on specific cases and content of support for employees and service companies to avoid duplication of support. perform tasks guaranteed by the state budget.
The Law of Vietnamese Workers Working Abroad with New Contracts officially enters into force as of January 1, 2022.
Thai Anh
