Vietnamese migrant workers in the Republic of Korea (Photo: VNA) Hanoi (VNA) – TheInternational Labour Organisation (ILO) welcomes the chance to improve theprotection of Vietnamese migrant workers brought by the newly-revised Law onContract-Based Vietnamese Overseas Workers, on the occasion of theInternational Migrants Day (December 18).
The law, passed by the National Assembly onNovember 13, which will come into effect on January 1, 2022, builds uponprevious laws to strengthen protection for migrant workers.
The ILO noted that the new law has removedbrokerage commissions payable by migrant workers to recruitment agencies, andprohibited charging service charges to migrant workers who use public,non-profit entities to migrate abroad. The ILO said migrant workers who payhigh recruitment fees and related costs are more vulnerable to labourexploitation, including forced labour/human trafficking.
ILO’s Regional Labour Migration Specialist,Nilim Baruah said that by reducing allowable costs chargeable to migrantworkers, the law offers greater protection from these harms.
“When workers are indebted by highmigration costs, they may be less able to leave employment when they areabused, exploited or forced to work. Removing brokerage commission from thecosts permitted to be paid by migrant workers goes part way to addressing thisrisk,” he added.
For recruitment agencies, the new lawretains certain categories of costs chargeable to migrant workers, namely theservice charge and deposits, but sets limits and will detail the amountsallowable in sub-law documents to be developed over 2021. The law states thatservice charges in subordinate legislation should not exceed the ceiling ofthree months’ salary, which recruitment agencies can take from workers andreceiving partners. Setting this ceiling for these costs will enable migrantworkers to make informed decisions about migration, and for awareness to beraised about the costs of regular migration.
The law prohibits discrimination and forcedlabour within labour migration and permits workers who are subjected to, orthreatened with, maltreatment, sexual harassment or forced labour tounilaterally terminate their employment contracts without financial penalty.
Under the new law, recruitment agencies mayhave their licence revoked if they use deceitful advertising or other deceptivemeans to recruit workers for the purpose of forced labour/trafficking inpersons or other forms of exploitation.
Additionally, as part of pre-departureorientation training, recruitment agencies are required to provide knowledgeand skills in the prevention of forced labour/trafficking in persons, andgender-based violence.
“The Vietnamese Government’s commitment toprevention of forced labour in labour migration is evident in the passing of thisrevised Law,” said Baruah, adding that the law takes the critical first steptowards reducing recruitment fees and related costs charged to migrant workers.
ILO Vietnam Director Dr Chang-Hee Lee pledgedthat the ILO is committed to supporting the process of development ofsubordinate legislation through social dialogue, and implementation of the lawthroughout 2021 and into the future.
This year’s International Migrants Daycelebrates the 30th anniversary of the International Convention on theProtection of the Rights of All Migrant Workers and Members of their Families.The passage of the Law on Contract-Based Vietnamese Overseas Workers is animportant step towards labour migration being an empowering and enrichingexperience for all Vietnamese migrant workers, the ILO said./.
