“Hello Lawyer, I have the following question. I am a tour guide currently unemployed. And I was recently laid off by the company. I have heard that workers who lost their jobs can receive support. However, I don’t sign a labor contract with the company, so I can’t accept it, so can my company be fined? And Can businesses in Vietnam that use free tour guides be fined? I hope the lawyer can answer me quickly. Thank you, lawyers.”.
Tour guide is a very hot profession; However, the professional requirements are also very high. Previously, guides operated freely without the help of a business behind the scenes. Now, when the new regulations are issued, tour guides are required to enter into a contract with a business to be able to operate. However, businesses do not always want to enter into a contract with a tour guide. So are businesses using freelance tour guides fined? Today, LSX Lawfirm will give you an article about “Can businesses in Vietnam that use free tour guides be fined?“, as follows:
Legal grounds
Decree 45/2019/ND-CP
Law on Tourism 2017
Conditions for practicing tour guide
Conditions of the practice of tour guides include:
- Firstly, Have a tour guide card;
- Secondly, Have a labor contract with a travel service business, an enterprise providing tour guide services, or be a member of a socio-professional organization in tourism for international tour guides. economy and domestic tour guide;
- Thirdly, Having a guiding contract with a travel service business or a written assignment of a guide according to the tour program; for on-site tour guides, there must be an assignment from the organization or individual managing the tourist area or tourist spot.
Thus, to be able to practice as a tour guide, in addition to having a tour guide card; They must also enter into a labor contract or an instruction contract with a travel service business. The term “freelance tour guide” refers to guides who do not operate under an employment contract; autonomously enter into travel contracts with customers; and especially, accept jobs at will, not by the assignment of the travel business.
Since the 2017 Law on Tourism took effect, the force of freelance tour guides has inadvertently become the subject of law violations. Because they are practicing as tour guides when they are not qualified to practice.
Obligations of tour operators
Domestic tour operators have the following rights and obligations:
- ensuring the maintenance of conditions for business travel services as prescribed; publicize the name of the enterprise, the license number of the travel service business on the signboard at the head office, branch, transaction office, in the travel contract, on advertising publications, and in electronic transactions;
- Notify the change of person in charge of travel service business, send a dossier of the person in charge of travel service business as a replacement to state agency competent to issue permits within 15 days from the date of arrival. change;
- Providing information about tourist programs, services, and destinations to tourists;
- Buy insurance for tourists during the duration of the travel program, unless the tourist already has insurance for the entire travel program;
- Using tour guides to guide tourists under travel contracts; take responsibility for the tour guide’s activities during the time of guiding tourists under the contract;
- Obey, disseminate and guide tourists to comply with the laws and regulations of the tourist destination; behave in a civilized manner, respecting the cultural identity, customs, and practices of Vietnam and the tourist destination; coordinate with competent state agencies to promptly handle illegal acts of tourists during their participation in the tour program;
- Implement reporting, statistical, accounting, and record-keeping regimes in accordance with law;
- Apply measures to ensure the safety of life, health, and property of tourists; promptly notify competent state agencies of accidents and risks occurring to tourists and take remedial measures;
- Manage tourists according to the tour program agreed with tourists.
Using a free tour guide is fined
Accordingly to the above provisions, tour operators are obliged to use tour guides under contracts. That is, when the tour guide works at the enterprise, he will have to make a labor contract. This is completely relevant in the current economic times. Especially during the pandemic.
It is illegal for a tour operator not to enter into a labor contract with a tour guide; and will be fined. Specifically, according to Decree 45/2019/ND-CP:
“A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: a) Using an international tour guide or a domestic tour guide without a labor contract with an enterprise business travel services or enterprises providing tour guide services or are not members of socio-professional organizations on tour guiding according to regulations; b) Using tour guides to guide tourists; guiding tourists outside the scope of practice of a tour guide; c) Using a tour guide to conduct a tour program without a guide contract or written assignment of a guide according to regulations. d) Failing to write or attach the name of the branch, representative office, or business location at the branch office, representative office, or business location.”
Thus, violating enterprises will be fined from 10,000,000 VND to 15,000,000 VND if they do not enter into labor contracts with tour guides. In addition, this is the penalty for violators. The penalty level for the organization will be twice as much as the prescribed penalty.
Consulting service of LSX Lawfirm
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Related questions
The answer is no. Enterprises that use freelance tour guides mean that in terms of insurance bases, there are no labor contracts then. Therefore, enterprises do not need to buy social insurance for self-employed employees.
The answer is no. Enterprises using freelance tour guides mean that there is no labor contract. Without a labor contract, there is no basis to attribute the responsibility of the tour guide to the enterprise. At that time, the guide must be solely responsible then.
The answer is no. Tourist guides who lost their jobs did not receive support for workers who had difficulties due to the epidemic due to no labor contracts.
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