Can I get back the deposit I paid when going to work abroad?

I have been back in my country for more than 3 years now. I have gone to the company I signed the contract with many times to ask for my deposit back but it has not been resolved. What should I do?

Hoang Long(Tu Ky)

Reply:The issue of labor export is regulated in the Law on Employment and the Law on Vietnamese Workers Working Abroad under Contract 2006. Accordingly, workers going to work abroad must work under a labor contract between the employer and the company sending them abroad.

At the time you signed a contract with the above company in July 2015, the contract to send workers to work abroad and the labor contract must have specific contents, consistent with the contents of the labor supply contract; agreements on brokerage fees, service fees, and deposits of workers must be recorded in the contract to send workers to work abroad.

You deposited 70 million VND with the company to ensure that you worked abroad in accordance with the labor contract, but then left to work. Thus, you did not comply with the agreement and commitment between the parties, so now it is very difficult for you to get back all this money.

Normally, in case the employee violates the obligations under the signed agreements, the employer will handle the deposit corresponding to the employee's violations. If the deposit is in excess, it will be returned to the employee, but if it is not enough, the employee must pay additional money.

However, the company that signed the contract with you also showed signs of "making false promises about work abroad and not ensuring working conditions as committed". Therefore, if in fact your violation of the agreement does not result in the deduction of the entire amount of 70 million VND, you have the right to request the Ministry of Labor, War Invalids and Social Affairs to consider protecting your legal rights or file a lawsuit in a competent court according to the law.