Category Archives: Migration Policy in Vietnam
Recent measure means workers have to return home before getting their severance pay
Van Thanh posted a photo of his handwritten statement on Apr. 21 to a community Facebook page for Vietnamese people living in South Korea. The 26-year-old migrant worker from Vietnam, who lives in Changwon, South Gyeongsang Province, wrote, “After July, all foreign workers can only receive severance pay (departure guarantee insurance) from their own country after they’ve returned home. How are we supposed to get it at home when there are so many people who can’t even get it here in South Korea?”
In 2003, the National Assembly responded to a problem of foreign workers not receiving severance pay by enacting the Act on the Employment Etc. of Foreign Workers. The legislation required employers to enroll in departure guarantee insurance in lieu of severance pay.
But an amendment made to the law on Dec. 31 of last year added a new clause stating that this insurance would only be paid “within 14 days after the departure date.” The amendment was sponsored by Saenuri Party (NFP) lawmaker Kim Sung-tae and others to prevent workers from staying in South Korea illegally. Once the amended law goes into effect on July 29, workers will only be able to receive severance pay after returning home.
To date, workers have been able to receive the payout within three days of leaving their job, regardless of whether they exit the country. Even workers who changed companies midway through their stay were able to receive full severance pay from previous employers after they returned home.
Now groups working for migrant worker rights are upset about the belated news of the amendment. Many are worried workers will be unable to receive all the money they are owed.
“A lot of people can’t even get their severance pay when they stay in South Korea,” said Van Thanh. “That’s only going to become more difficult once we’re back in Vietnam.”
“You need to look at the facts of what migrant workers face when you’re making policy,” he added.
Another sore issue, however minor the amounts involved, has to do with the transaction fees incurred when making wire transfers. Also, the departure guarantee insurance only covers basic pay, without consideration for overtime or nighttime work. Workers are in for more of a hassle making requests in cases where there are discrepancies between their actual severance pay and insurance costs.
“All they would need to do is request the difference between the actual severance pay and the insurance during their stay, before they leave,” a Ministry of Employment and Labor official said on condition of anonymity on Apr. 13.
But while the ministry is suggesting the problem is not serious, others are expressing more concern.
“Even now, 36% of foreign workers don’t even know if they’re enrolled in departure guarantee insurance, let alone how to request the difference from actual severance pay,” said Jung Young-sup, secretary-general of the Migrant Worker Campaign Support Association. “If they can only receive it after they’ve gone home, then we can expect to see more and more workers being hurt by this.”
Figures released in Aug. 2010 by Hong Hee-deok, a former lawmaker for the Democratic Labor Party, showed 23.7 billion won (US$22.9 million) in unpaid departure guarantee insurance between 2008 and 2010, amounting to 12% of the total. More recently, the Ministry of Employment and Labor released figured in Sept. 2013 showing unclaimed insurance payouts of 17.5 billion won (US$16.9 million). 11% of foreign workers were found to be not enrolled in the system.
The main problem, observers said, is the fact that the law was amended to delay payment simply because of concerns about migrants staying in the country illegally.
“Severance pay is a basic right that workers are entitled to when they leave their job, and it’s also a property right,” said Yun Ji-yeong, an attorney with the GongGam Human Rights Law Foundation. “To apply different conditions to foreign workers is to discriminate between them and domestic workers.”
These concerns were echoed in a legislative review report by the National Assembly Environment and Labor Committee last December.
“Not only does [the law] restrict payment rights in a way that the Labor Standards Act does not, but it is questionable whether it would actually reduce the number of people staying in the country illegally,” the report stated.
Migrant worker groups are currently planning to shortly file for an injunction against the law and lodge a constitutional appeal.
By Kim Min-kyung, The Hankyoreh
Published on 14 April 2014
Vietnam has issued new regulations standardizing overseas work contracts and setting ceilings for deposits that labor agencies require from workers before sending them to work abroad.
With the support of the International Labor Organization (ILO), the Ministry of Labor, Invalids and Social Affairs (MoLISA) has issued two circulars, which will take effect December 1, to protect guest workers and minimize risks for labor agencies.
“The two circulars are essential as they help labor companies reach specific standards in signing contracts with international partners and workers to minimize risks for both companies and workers,” Nguyen Luong Trao, chairman of the Vietnam Association of Manpower Supply, said.
“It’s an important factor that contributes to sustainable enterprise development and safe migration.”
Under the new rules, Vietnamese recruitment agencies will no longer be able to impose their own conditions on contracts. They will have to follow standard conditions, one of which requests companies to refund deposits to workers if they fail to send them abroad.
The standard contract also requires details such as references to a specific job, name and location of the receiving company, and establishes clear responsibilities of all parties, and procedures for dispute settlement in an effort to protect migrant workers in case of contract termination.
“Circular 22 prevents recruitment agencies from using provisions that benefit themselves while minimizing those in favor of migrant workers,” Max Tunon, coordinator of the ILO’s TRIANGLE project, said. TRIANGLE aims to make labor migration in the Greater Mekong Sub-region safer.
The other – Circular 21 – prevents recruitment agencies from requiring unreasonable deposits from workers applying to go abroad.
Tran Van Tu, director of the Vietnam General Confederation of Labor’s Policy Division, said the new circulars will help tackle unhealthy competition among labor agencies and “black costs” that workers have to pay to go abroad.
“But to achieve those goals, State authorities will need to step up inspections of labor companies,” he said.
Currently, some 170 recruitment agencies are operating in Vietnam, sending 80,000 Vietnamese workers abroad every year.
By Thanh Nien News
Published on 14 November 2013
Vietnam’s economic growth has improved mobility, giving people more opportunities to travel to find better jobs.But as industries change and cities grow, so do the dangers to the country’s workers. Human trafficking is becoming a bigger problem in Vietnam and the government is doing more to address the problem.
What was once an issue confined mostly to women and children who are sold into the sex industry, pressures from increasing urbanization are changing the nature of human trafficking in Vietnam.
While, demand for wives in countries like China fuel the trade, the United Nations Inter-Agency Project on Human Trafficking, says socio-economic factors are also at play. People living in rural areas with low employment, little awareness and poor education are vulnerable to ploys that could leave them as virtual slaves.
Phan Van Ngoc, former Vietnam country director for Actionaid, says Vietnam’s economic situation is making people more vulnerable to trafficking. In underemployed rural areas, people want to migrate from their home village to make more money.
The issue is not confined to Vietnam. It also occurs in China, Thailand and other neighboring countries. He says the bottom line is that poor people want better lives.
“The problem is that people seek a better life and the problem is that they do not have enough information about the destination,” said Ngoc. “That’s why they are trapped into something that is against their will and against their basic rights.”
In January, Vietnam is set to introduce the Anti-Human Trafficking Law, which the National Assembly passed in March. The law is accompanied by a $13.5 million dollar, five-year anti-trafficking plan. The National Plan of Action for Trafficking has been welcomed by international organizations as a positive step because it goes beyond countering trafficking for sexual exploitation.
The law improves coordination among different ministries, institutions and mass organizations in Vietnam and also stresses the importance of prevention. Ngoc says the new provisions are vital to protect workers who are poorly informed about trafficking risks.
“They have to have an informed choice,” Ngoc added. “It means that they should have enough information about the destination so they can decide whether or not they want to go. It’s best to work at the commune and even district level in areas with a high risk of human trafficking. If they want to go, please, but there must be guidance.”
Although authorities have started paying more attention to people being trafficked for cheap labor, Florian Forster, the country director for the International Organization of Migration (IOM) says that does not mean all laborers are treated badly.
“We should not think that all internal workers are exploited,” said Forster. “Actually, research shows internal migrants moving to urban areas are economically better off. That’s one of the reasons why they move.”
Vietnam also has an official policy to promote sending temporary laborers abroad. Around 80 to 100,000 Vietnamese workers leave the country, through official channels, every year.
The United Nations Inter-Agency Project on Human Trafficking says labor reforms in China are actually fueling abuses among Vietnamese. A 2008 law in China mandates better pay and benefits for Chinese nationals, so Chinese employers instead hire Vietnamese laborers who are exempt from the provisions. However, Forster says the two governments are working together to tackle exploitation.
“There is some ongoing cooperation between Vietnam and China,” Forster added. “This year they signed a memorandum of understanding to address trafficking in human beings so there is a legal basis for cooperation. There is also a sub-regional process involving Mekong sub-regional countries, including China.”
Although Ngoc welcomes Vietnam’s anti-trafficking law, he says there needs to be a firmer commitment from government agencies and outside groups to get better results. He says one reason for the lack of progress is local governments not wanting to take responsibility.
“They don’t want to admit there is trafficking of Vietnamese women,” Ngoc noted. “It’s really sensitive, for example if you work as a provincial authority you don’t want to say there is a lot of human trafficking from my own province.”
He says the situation is now improving because the country’s anti-trafficking law is helping to address that kind of attitude.
By Marianne Brown
Published on November 29, 2011
HA NOI – Local authorities have been urged to conduct inspections on foreign workers, particularly those involved in foreign-invested projects, according to a new request made by Minister of Labour, Invalids and Social Affairs (MoLISA) Pham Thi Hai Chuyen.The move came after local media reported that a number of foreign labourers had been employed in Viet Nam without work permits.
Inspectors were tasked with figuring out how foreign contractors, working on projects in Viet Nam, Vietnamese investors and foreign workers, abide by domestic laws.
Localities were told to disseminate laws and regulations concerning foreign workers to enterprises and contractors employing them.
Foreign contractors were in turn requested to apply for work permits in accordance with the law before their workers arrived and took up employment in Viet Nam.
Meanwhile, the local departments of Labour, Invalids and Social Affairs was called upon to increase check ups and inspections on the process of recruiting foreign workers, the granting and extension of work permits, especially for those working for foreign contractors.
Violators have been warned of strict punishments in the case of apprehension.
Inspection results must be submitted to MoLISA before October 31 in order that the ministry could report the current situation to the Prime Minister as soon as permissable.
According to the Department of Employment, Viet Nam currently employs around 74,000 workers from over 60 countries, with 58 per cent originating from Asia.
Around 21,400 foreign workers have been added to the country’s workforce since 2008.
The deputy department director said that the increase in foreign investment was among the main reasons behind the rise in foreign worker numbers.
According to MoLISA, the country will limit the group of foreign employees with lower qualifications, particularly among manual workers, the majority of whom come to Viet Nam to work on construction projects.
By Viet Nam News
Published on September 27, 2011