ILLEGAL IMMIGRANT WORKER PROBLEM UNDER THE PERSPECTIVES OF VIETNAM LAW AND UK LAW
Recently, the case of 39 deaths in a container in the UK, which was determined to be entirely Vietnamese, are receiving much concern from the public. One significant reason why these 39 individuals entered the UK might have been to engage in illegal working. There is one thing that we can deduce from the case that the problem of illegal entry and illegal immigration has become more and more serious in recent years. Meanwhile, individuals directly involved and most affected are those who are having the intention to work abroad through labor exporting still have not been fully aware of the legal provisions related to this issue.
Therefore, DTD & Associates LLP would like to give some evaluation and comments on the issue of illegal immigrant workers through analyzing Vietnam law as well as UK law.
According to Vietnam law, ordinary workers who want to work in European countries can choose one of the two following ways:
a. Through agencies which have been assessed and approved by the Bureau of Overseas Labour to perform labour supply contracts.
b. Through signing an individual contract. A worker has to register his or her individual contract with the local Department of Labor, Invalids and Social Affairs and must be accessed and approved by the local Department of Labor, Invalids and Social Affairs.
Thus, the procedure for working abroad is always strictly controlled by the competent authorities. The fact that currently a number of ordinary workers who intend to have the fastest way to work abroad may lead them to violate legal provisions, specifically as follows:
Article 7 of Law on Vietnamese guest workers 2006 list down noticeable prohibited acts:
Article 7. Prohibited acts
4. Working in or sending workers to areas, sectors, occupations or jobs banned under government regulations or not permitted by the host country.
For this behavior, Vietnam law has no specific regulations on the fine level for illegal working in areas not permitted by the host country offence. However, when one individual commits such act, it may lead to violation of regulations on entry, exit, transit, stay and traveling which is stipulated in Article 17, Decree No. 167/2013/ ND- CP.
Depending on each specific violation, the fine level varies from 3 millions Dong to 40 millions Dong.
At the time being, only 9 European countries allow ordinary Vietnamese workers to have a job legally in their territories and the UK is not one of them. Therefore, according to Article 7.4 Law on Vietnamese guest workers, the act of working into the UK is strictly prohibited.
In addition to reviewing Vietnamese law, DTD & Associates LLP also provides a number of UK regulations on this issue. Pursuant to the UK Immigration Act 2016, Articles 34 and 35 clearly stipulate sanctions for "Illegal labor" acts as follows:
Clause 3, section 24B, Article 34, Immigration Act 2016:
(3) A person who is guilty of an offence under subsection (1) is liable on summary conviction
(a) In England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both;
(b) In Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
Which is more concerning is illegal immigrant workers usually do not have documents to prove their identity and nationality; therefore, in many cases not recognized and protected by law. They have to live in difficult conditions, engage in illegal jobs and have to hide from the supervision of state agencies.
Currently, Vietnamese Government is trying its best to provide for unskilled labor who want to work abroad legally through labor exporting. Therefore, workers who are intending to go working abroad through labor exporting should carefully examine relating regulations and comply with the law to avoid unfortunate incidents. Another issue which is concerned by public is that according to law how those who organize workers to go abroad illegal shall have to be responsible to? DTD & associates LLP will analyze this problem in the next essay.
