Decree No. 27/2014/ND-CP dated April 07, 2014 of the Government guiding some regulations of the Labor Code on domestic servants

THE GOVERNMENT

Decree No. 27/2014/ND-CP dated April 07, 2014 of the Government guiding some regulations of the Labor Code on domestic servants

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Labor Code dated June 18, 2012;

At the request of the Minister of Labor, War Invalids and Social Affairs;

The government promulgates a Decree on guidelines for regulations of the Labor Code on domestic servants

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree deals with the rights, obligations, and responsibilities of domestic servants, their employers, the organizations and individuals involved in the performance of labor contracts, wages, social insurance, health insurance, work hours and rest hours, occupational safety, occupational hygiene, labor discipline, financial obligations and settlement of labor dispute according to the Labor Code.

Article 2. Subjects of application

1. The domestic servants defined in Clause 1 Article 179 of the Labor Code.

2. Employerss of domestic servants under labor contracts.

3. The organizations and individuals involved in the implementation of this Decree.

This Decree is not applied to Vietnamese domestic servants that work overseas.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. A employee means a domestic servant defined in Clause 1 Article 179 of the Labor Code, whether living or not living with employers’s family.

2. Other works in the household that are not related to commercial activities defined in Clause 1 Article 179 of the Labor Code include: cooking for family members, not for a restaurant; planting vegetables, fruits, ornamental plants, raising animals to serve the life of the family members, not for sale or exchange; cleaning the house, the garden, protecting the house and other property of the household that is not a workshop, a shop, an office, or a business location; transporting family members or stuff that is not goods or raw materials serving business; tutoring family members; washing clothing and blankets of family members that are not clothing in a laundry shop or protective clothing of the people hired by the household; other works serving everyday life of the family members that do not directly contribute to income generation of the household or the family members.