Foreigners must work at the location stated on the work permit

Tue, 28 Feb 2023 11:02:00  |  Print  |  Email   Share:

As reflected by AMI Law Firm (Da Nang), to recruit foreign workers to work, Vietnamese businesses must apply for a work permit, a certificate that they are not eligible for a work permit and must employ foreign workers in accordance with the contents of the permit.

Usually, the place of work on the permit is the location of the enterprise or its branch or business location of the enterprise where the employee works. In fact, for flexible occupations such as: Information Technology, Marketing, Designer, etc., employees are not required to be present at the enterprise to complete the work.

Therefore, employers often create conditions for workers to work from home, which leads to foreign workers falling into the case of working incompatible with the content of the issued work permit, the work permit has been revoked due to its invalidity and the enterprise is in danger of being sanctioned for violations, unless otherwise provided for by law.

Through research, the Company found that there is a policy to encourage employers to create conditions for employees to work from home as prescribed in Clause 2, Article 135 and Article 167 of the Labor Code 2019.

Thus, the law allows the employer to be flexible in arranging the employee's working location, so it may consider allowing the employee to work from home if otherwise provided for by the law and the enterprise may not be allowed to work from home. Enterprises are not subject to penalties as prescribed in Clauses 2 and 4, Article 32 of Decree No. 12/2022/ND-CP.

AMI Law Firm asked, is it illegal for businesses to allow foreign workers to work from home?

In this regard, the Ministry of Labor, War Invalids and Social Affairs replied as follows:

Currently, there are no regulations allowing foreign workers in Vietnam to work at locations that do not match the contents of the issued work permits.



By: Translator: LeAnh-Bizic/According to Mai Chi (Government Newspaper)


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