Is it possible for the domestic servants to quit job when being mistreated?

Being introducing by Mr. A, I was hired to be a charwoman for Ms. H and we signed a written labor contract. She kept all of my salary and told me that she would pay me at the end of this year. However, I was mistreated in the process of working for her. After 06 months, I decided to quit my job. Ms. H disagreed to pay for my salary because I was considered breaching the commitment. I would like to know how to be paid the salary? Please kindly give me an advice.   

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

According to Clause 1, Article 180 of Labor Code 2012: “An employer shall sign a written labor contract with a domestic employee.”. According to the information provided by you, you signed the written labor contract with Ms. H. So, you can base on the legal basis to protect your rights as below:

[1] According to Article 183 of Labor Code 2012 on the prohibited acts of an employer:

“1. Mistreating, sexually harassing, forcing labor and using violence against the domestic employee.

2. Assigning work to the domestic employees not in accordance with the labor contract.

3. Keeping personal documents of the domestic employee.”

In this case, Ms. H – the employer – mistreated you, so she violated the regulations of Clause 1, Article 183, Labor Code 2012.

[2] According to Article 37 of Labor Code 2012:

“1. An employee working under a definite-term labor contract, a seasonal labor contract or performing a certain job of under 12 months may unilaterally terminate the labor contract prior to its expiry in the following cases:

a/ He/she is not assigned to the job or workplace or is not given the working conditions as agreed in the labor contract;

b/ He/she is not paid in full or on time as agreed in the labor contract;

c/ He/she is maltreated, sexually harassed or is subject to forced labor;

d/ He/she is unable to continue performing the labor contract due to personal or family difficulties;

e/ He/she is elected to perform a full-time duty in a people-elected office or is appointed to hold a position in the state apparatus;

…”

Therefore, when being mistreated regularly by Ms. H, you completely have the right to unilaterally terminate the labor contract in advance. Normally, the worker must give a prior notice 15 days before unilaterally terminating the labor contract. However, in your case, you are allowed to immediately terminate the labor contract as mentioned in Clause 3, Article 11, Decree No. 27/2014/NĐ – CP on the regulations of Labor Code on domestic servants: “Prior notice of unilateral termination of the labor contract is not required in case the worker is abused, insulted, sexually harassed, attacked, or forced to work by the employer or a family member”.

[3] According to Clause 1, Article 16 of Decree No. 27/2014/NĐ – CP on the payment upon resignation, “The employer must pay wages to the worker in full if the employer is accountable for the worker’s resignation, unless otherwise agreed by both parties.”

In your case, you had to quit the job because of being mistreated by Ms. H, Ms. H has to pay for your salary in full as per laws.

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully FDVN's advice will be useful to you.

Legal expert: Nguyen Thi Lan Anh

FDVN Law Firm

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