Question: I heard that when hiring a domestic worker, the employer must notify the commune-level People's Committee. Please let me know if this is true, and if it is, will the employer be fined?
The Law Department - ACDC advises:
According to Clause 2, Article 90 of Decree 145/2020/NĐ-CP dated December 12, 2020, the employer’s obligations are as follows:
“2. The employer shall send the People’s Committee of the commune a notice of the conclusion and termination of the employment contract (Form No. 02/PLV and 03/PLV in Appendix V hereof) within 10 days from the conclusion or termination date.”
Based on the above provisions, when employing or terminating domestic workers, the employer is obliged to notify the People's Committee of the commune, ward or township about the employment, the termination of employment contract in writing within 10 days from the employment contract signing/terminating date.
Suppose the employer fails to notify the commune-level People's Committee as prescribed. In that case, an administrative violation will be sanctioned as a fine ranging from VND 1,000,000 to VND 3,000,000 (point a, Clause 2, Article 30 of Decree No. 12). 2022/ND-CP).
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