THE MAXIMUM COMMISSION LEVEL UNDER A BROKERAGE CONTRACT MUST NOT EXCEED HALF OF THE WORKER’S MONTHLY WAGE
The Circular No. 21/2021/TT-BLDTBXH detailing a number of articles of the Law on Vietnamese Guest Workers is promulgated by the Ministry of Labor, Invalids and Social Affairs on December 15, 2021.
According to this Circular, the maximum commission level under a brokerage contract shall be according to the agreement between a service enterprise and an intermediary organization or individual but does not exceed half of the worker’s monthly wage stated in the labor contract for every 12 working months. For cases of labor contracts with the definite term of 36 months or more, the maximum commission level under a brokerage contract does not exceed 1.5 of the worker’s monthly wage stated in the labor contract.
Also, the following service enterprises must assign at least a professional staff in the host country or territory to manage and provide support for workers: Service enterprises with 500 or more workers working in Taiwan (China), Korea, Macao (China), Japan; Service enterprises with 300 or more workers working in other countries or territories.
Additionally, the Circular defines the main contents of a contract on the sending of Vietnamese workers abroad signed between a worker and a Vietnamese organization or individual making offshore investment, such as: working duration; professions, occupations and jobs to be performed; country or territory where the worker comes to work, workplace; pre-departure orientation education; working conditions and environment; working time and rest time; occupational safety and health; salary and bonuses (if any), overtime pay, salary deductions (if any); etc.
This Circular takes effect on February 01, 2022.
