Questions: Due to my family situation, I want to hire a domestic worker in the near future. According to my research, when hiring a helper, you must sign an employment contract. Is this true? Thank you!
The Law Department - ACDC advises:
According to Clause 1, Article 162 Labour Code 2019:
“1. An employer must enter into a written employment contract with a domestic worker”.
This is specified at point a, Clause 1, Article 89 of Decree No. 145/2020/ND-CP dated December 12, 2020 as follows:
“a) A written employment contract shall be prepared by the employer when a domestic worker is hired in accordance with Clause 1 Article 14 and Clause 1 Article 162 of the Labor Code”.
Based on the above provisions, when you hire a domestic worker, you are required to enter into an empoyment contract with the employee being the domestic worker. The two parties agree in the employment contract on the term of employment contract, the form wage payments, the timing of wage payments, the normal working hours, and the accommodation.
In case the employer fails to enter into a written employment contract with the domestic worker, he/she will be administratively sanctioned in the form of a warning. Simultaneously, the employer is also subject to the remedial measures: Forced to enter into a written employment contract with the domestic worker (point a, clause 1, point a, Clause 5, Article 30 of Decree No. 12/2022/ND-CP).
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