BỘ NGOẠI GIAO | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
Số: 40/2015/TB-LPQT | Hà Nội, ngày 14 tháng 08 năm 2015 |
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Bản ghi nhớ giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Ma-lai-xi-a về tuyển chọn và sử dụng lao động ký tại Kua-la-Lăm-pua ngày 07 tháng 8 năm 2015, có hiệu lực kể từ ngày 07 tháng 8 năm 2015.
Theo quy định tại Điều 68 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng gửi Quý Cơ quan bản sao Bản ghi nhớ đã ký bằng tiếng Anh và dự thảo văn bản bằng tiếng Việt để tham khảo.
TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND
THE GOVERNMENT OF MALAYSIA
ON THE EMPLOYMENT OF WORKERS
REFERING to the Memorandum of Understanding on the recruitment of Vietnamese workers between the Government of Malaysia and the Government of Socialist Republic of Viet Nam signed on 1 December 2003 (hereinafter referred to as “MOU 2003”) whereby both Parties have agreed to promote the rights and protections of both the Employers and the Workers;
REALIZING the need to establish a framework to facilitate the recruitment, employment and repatriation of the said Workers from Viet Nam; and
HAVE AGREED as follows:
“Contract of Employment” means the contract of employment entered into between the Employer and the Worker annexed as Appendix A in Article 4 of this Memorandum of Understanding.
“Worker” means a citizen of Viet Nam who is contracting or contracted to work in Malaysia for a specified period of time, as stipulated in the contract of employment, but does not include domestic workers.
“Viet Nam Recruitment Agencies” (VRA) means an enterprise licensed under the Law on Vietnamese Workers Working Abroad under Contract and approved by the Government of Viet Nam for the purpose of recruiting and sending workers to work in Malaysia.
TERMS AND CONDITIONS OF EMPLOYMENT
2. Any amendments to the terms and conditions of the Contract of Employment in this Memorandum of Understanding shall be proposed by Joint Working Group.
i. not less than 18 years of age and not more than 45 years of age;
iii. possess basic knowledge of Malaysian culture and social practices;
v. comply with Malaysian immigration and such other relevant procedures;
vii. do not possess any previous criminal records; and
2. In the event of any downsizing, total closure, ceasure of business due to cost cutting measures or bankruptcy or winding up, the affected worker from Viet Nam shall be given the opportunity to either return back to Viet Nam or be allowed to change employer in the same sector upon the approval of the relevant authorities in Malaysia.
2. The Joint Working Group shall implement this Memorandum of Understanding and shall use their best endeavours to perform the functions as set out in the terms of reference in Appendix C.
REVISION, MODIFICATION AND AMENDMENT
(ii) Any revision, modification or amendment agreed to by the Parties shall be reduced in the writing and shall form part of this Memorandum of Understanding.
(iv) Any revision, modification or amendment shall not prejudice the rights and obligations arising from or based on this Memorandum of Understanding before or up to the date of such revision, modification or amendment.
2. The suspension of this Memorandum of Understanding shall not affect or nullify the Contract of Employment made between the Employer and the Worker prior the date of suspension of this Memorandum of Understanding.
2. Both Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the termination of this Memorandum of Understanding.
ENTRY INTO FORCE, DURATION AND TERMINATION
2. This Memorandum of Understanding may be extended for a further period as may be decided in writing by the Parties.
4. The Parties agree that the termination of this Memorandum of Understanding shall not affect or nullify the Contract of Employment made between the Employer and the Worker prior to the date of termination of this Memorandum of Understanding.
DONE at Kualarlumpur, on this 07th day of August 2015 in six (6) original copies, two each in English, Malay and Vietnamese languages, all texts being equally authentic. In the event of any divergence of interpretation between any of the texts, the English text shall prevail.
FOR THE GOVERNMENT
OF THE SOCIALIST REPUBLIC OF
VIET NAM
Madam. Pham Thi Hai Chuyen
Hon.
Minister of Labour, War Invalids & Social Affairs
FOR THE GOVERNMENT OF
MALAYSIA
Dato’ Sri Richard Riot Anak Jaem
Hon.
Minister of Human Resources
WHEREAS the Employer shall employ the Worker in accordance with the terms and conditions of this Contract of Employment and subject to the provisions of the relevant laws, regulations, rules, national policies and directives of Malaysia.
1. Duration of the Contract of Employment
2. Wages
2.2. Wages shall be paid by the Employer on a monthly basis not later than seventh day of the following month.
3. Working Hours
4. Overtime
(a) In the case of normal day, one and half (1.5) times his hourly rate of pay;
(c) In the case of public holiday, three (3.0) times his hourly rate of pay.
5.1 The Worker shall be entitled to one day rest in each week
6. Public Holiday
6.2 In the event the Worker, upon the request by the employer, agrees to work on his/her public holiday, the worker shall be paid in accordance with the labour laws in Malaysia.
The Worker shall be entitled to annual leave as in accordance with the labour laws in Malaysia
The payment of levy is subject to the relevant laws, rules, regulations, national policies and directives applicable in Malaysia from time to time in force.
The Worker shall be insured under the Foreign Worker’s Compensation Scheme (FWCS) under the Workmen’s Compensation Act 1952 and if applicable, the Foreign Workers Health Insurance Scheme (SPIKPA).
The Employer is entitled to make deduction for not more than 50% in a month from the Worker’s wages in the event of any monetary advance in accordance with the labour laws in Malaysia.
The Employer shall provide the Worker with reasonable accommodation with basic amenities.
The Worker shall be entitled to a paid sick leave in accordance with the labour laws in Malaysia.
13.1 The Employer shall renew the Worker’s Visit Pass (Temporary Employment) three (3) months before the expiry date.
13.3 In case the Employer fails to renew the Worker’s Visit Pass (Temporary Employment) three (3) months before the expiry date, the worker shall report to the nearest labour office of Malaysia or to the Embassy of Viet Nam and the Embassy of Viet Nam shall forward the report to the Ministry of Human Resources, Malaysia for further action.
The first travelling expenses from Viet Nam to any agreed point of entry in Malaysia shall be borne by the Worker and the expenses from any agreed point of exit in Malaysia to Viet Nam shall be borne by the Employer upon completion of Contract of Employment.
The repatriation cost of the Worker trom his place of work in Malaysia to his original exit point in Viet Nam shall be borne by the Employer under the following circumstances:
(ii) termination of the Contract of Employment by the Employer other than non-compliance of the terms and conditions of this contract of employment by the worker; or
16. Termination
16.2 In the event the Worker intends to terminate this Contract of Employment, the Worker shall give two (2) months’ notice or indemnify two (2) months’ wages in lieu thereof to the Employer and the Worker shall bear the cost of air fare to Viet Nam.
17.1 The Worker shall not participate in any political activities or activities of those connected with political organizations in Malaysia.
17.3 lf the Worker is found by the competent authority concerned creating social problems or engages in any illegal, subversive or criminal activities, the Worker shall be dismissed from the job and shall be repatriated to Viet Nam at the Worker's own expenses.
17.5 In the event the Worker marries any person in Malaysia during the worker’s period of employment under this contract of employment, the Government of Malaysia reserves the right to revoke the Visit Pass (Temporary Employment) of the Worker.
The Employer and the Worker may agree that the contract of employment may be extended, subject to any requirements under the laws of Malaysia imposed by the Government of Malaysia.
19.1 The Employer shall not keep the passport of the Worker in his custody.
19.3 The Worker shall submit the passport to the Employer for the following purposes:
(ii) application of Visit Pass (Temporary Employment);
(iv) renewal of Visit Pass (Temporary Employment).
In the event that the Worker’s passport is lost or damaged while in the custody of the Employer for the above mentioned purposes, the Employer shall bear all related expenses.
The employer shall ensure that each Worker receives the Foreign Worker Identity Card (l-Kad).
In the event the worker is to be repatriated before the expiry of the Contract of Employment, the employer shall pay all outstanding basic wages and all other payments owed to the worker subject to relevant laws in Malaysia.
The Employer and the Worker may amend the Contract of Employment to incorporate any other terms and conditions which shall be more favourable to the Worker.
Time whenever mentioned shall be the essence of this Contract of Employment.
In the event there is a conflict of interpretation between the English text and any text in other language used in this Contract of Employment, the English text shall prevail.
This Contract of Employment shall be subjected to the laws of Malaysia.
This Contract of Employment shall be binding of the successor in title, assigns, personnel, representatives of the parties hereto.
........................................
Name:
Address:
Name:
Emergency Contact No.
(Signature of Witness from Employer)
Address:
Name:
Contact No.
Name:
(i) The Employer shall recruit Workers directly or through an authorised Malaysian Recruitment Agency to recruit Worker in Viet Nam through Viet Nam Recruitment Agency which is approved by the Government of Viet Nam. The Employer is also responsible for obtaining the approval of the relevant authorities in Malaysia for that purpose.
(iii) The Employer shall ensure the wages will be paid on a monthly basis not later than seventh day of the following month and payment of the monthly wages shall be made through a bank account in the name of the Worker.
(v) The Employer shall be responsible for alI the requirements relating to the entry and employment of the Workers in Malaysia;
(vii) The Employer shall be responsible for the following payments:
(b) Processing Fees;
(d) Insurance under the Foreign Worker’s Compensation Scheme (FWCS) and if applicable, the Foreign Workers Health Insurance Scheme (SPIKPA); and
(viii) The Employer may advance such payment and shall be allowed to deduct not more than 50% from the Workers’ monthly wages for all types of deductions to recover such advances. The amount and duration of deduction must be clearly stated in the separate agreement between both Parties.
(x) The Employer shall be responsible to receive the Workers upon arrival at the entry point in Malaysia as soon as possible, but not exceeding 24 hours from the time of arrival.
(a) within thirty (30) days from the date of arrival of the Worker in Malaysia;
(c) as required by the Government of Malaysia for the subsequent years of employment.
(xiii) The Employer shall ensure that each Worker receives the Foreign Worker Identity Card (l-Kad).
(xv) The Employer shall at all times respect and pay due regards to the sensitivity of religious belief of the Workers.
(xvii) The Employer shall undertake that the Workers shall be employed for the purpose of duties specified in the Visit Pass (Temporary Employment).
(xvix)The repatriation cost of the Workers from their place of work to their original exit point in Viet Nam shall be borne by the Employer under the following circumstances:
(b) termination of the Contract of Employment by the Employer other than non-compliance of the terms and conditions of this contract of employment by the Worker; or
Responsibilities of Workers
(ii) The payment of levy is subject to the relevant laws, rules, regulations, national policies and directives applicable in Malaysia from time to time in force.
(iv) The Workers shall bring along a copy of the medical examination report and to be shown upon request at the entry point. All medical examination and procedures shall be governed by the terms and conditions determined by Ministry of Health of Malaysia.
(vi) The Workers shall be responsible to produce the Foreign Worker Identity Card (I-Kad) to the enforcement agency whenever required as the identity document for the workers during their stay in Malaysia.
(viii) The Worker shall report to the Viet Nam mission in Malaysia in case the Contract of Employment is extended.
(a) termination due to misconduct in the work place;
(c) termination of employment as stipulated in the Contract of Employment.
(i) MRA shall ensure that the Viet Nam Workers provided to the Employer fulfill the specification as required by the Employer.
(iii) MRA shall be responsible to ensure that the terms and conditions of the Contract of Employment are fully explained and understood by the Viet Nam Workers respectively.
(v) MRA shall cooperate with the VRA in Viet Nam and the employer to settle any disputes arise during their employment before repatriation.
(i) The VRA shall be responsible in providing potential workers according to the Employers’ specification to be interviewed or selected by the Employers.
(iii) The VRA shall facilitate Workers to obtain the necessary travel documents and to arrange for medical check-up at the designated medical centre accredited by the Ministry of Health of Viet Nam.
(v) The VRA shall provide the list of selected Workers endorsed by the Ministry of Labour, War Invalids and Social Affairs to Malaysian Mission in Viet Nam for issuance of employment visa.
(vii) The VRA shall cooperate with the MRA and the Employer to settle any disputes arise during their employment before repatriation.
I. Introduction
II. Objective
Ill. Principles
2. To promote the right and the protection of both Employers and the Workers in Malaysia, as agreed in the Memorandum of Understanding and the Contract of Employment.
1. To monitor the implementation of the Memorandum of Understanding.
3. To monitor and obtain information with regard to employment issues faced by the Workers and Employers.
5. To perform any other tasks as may be assigned to it by both Parties.
7. To deliberate on issues consequential to the exercise of Article 10 of the Memorandum of Understanding prior, during and after the suspension of the Memorandum of Understanding and to propose for both Parties to discuss on alternative solutions or remedial actions due to the suspension of the Memorandum of Understanding.
Each Party shall designate an office within its relevant authorities that shall serve as contact point with the other Party.
1. The JWG shall be co-chaired by the officials of both Parties.
3. Each Party shall determine the relevant government authorities respectively to be the members of the JWG and particular government authority to be designated as the focal point for each Party.
1. The JWG shall convene at least two (2) meetings per year.
3. As and when appropriate, the JWG may hold additional meetings at a venue to be agreed upon by both Parties.
VIII. Documentation
IX. Financial Arrangement
X. Amendment
2. In the event the JWG decides to amend any terms and conditions in the Contract of Employment or any item listed in the Appendices attached to the Memorandum of Understanding, such amendment shall have no effect unless and until it is agreed by the Parties.
Từ khóa: Điều ước quốc tế 40/2015/TB-LPQT, Điều ước quốc tế số 40/2015/TB-LPQT, Điều ước quốc tế 40/2015/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Malaysia, Điều ước quốc tế số 40/2015/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Malaysia, Điều ước quốc tế 40 2015 TB LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Malaysia, 40/2015/TB-LPQT
File gốc của Thông báo 40/2015/TB-LPQT hiệu lực của Bản ghi nhớ giữa Việt Nam và Ma-lai-xi-a về tuyển chọn và sử dụng lao động do Bộ Ngoại giao ban hành đang được cập nhật.
Thông báo 40/2015/TB-LPQT hiệu lực của Bản ghi nhớ giữa Việt Nam và Ma-lai-xi-a về tuyển chọn và sử dụng lao động do Bộ Ngoại giao ban hành
Tóm tắt
Cơ quan ban hành | Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Malaysia |
Số hiệu | 40/2015/TB-LPQT |
Loại văn bản | Điều ước quốc tế |
Người ký | Nguyễn Văn Ngự |
Ngày ban hành | 2015-08-07 |
Ngày hiệu lực | 2015-08-07 |
Lĩnh vực | Lao động |
Tình trạng | Còn hiệu lực |