A Study on Legislative Strategies for Ensuring Gender Equality on the Viet Nam's Law on Vietnamese Guest Workers

Chapter 1: International standards on gender equality in labor migration 15
1.1. International labor migration and gender equality 15
1.2. Forms of discrimination facing women migrant workers 17
1.2.1. In countries of origin before departure and upon return 17
1.2.2. In countries of transit 18
1.2.3. In countries of destination 19
1.3. International standards on gender equality and labor migration 20
1.3.1. International frameworks addressing gender equality and labor migration 21
1.3.2. Key international standards on protection of migrants workers 24
1.4. Responsibilities of states in relation to gender equality and international labor migration 35

Chapter 2. Vietnam’s laws and policies on Vietnamese guest workers and gender equality 39
2.1. Socio-economic and political context of Vietnam 39
2.2. Gender equality in Vietnam 41
2.2.1. Changes in the awareness of gender equality in Vietnam 41
2.2.2. Vietnam positive manifestations on gender equality 42
2.2.3. Challenges to gender equality in Vietnam 46
2.3. Current situation of sending Vietnamese workers abroad for employment 48
2.3.1. The number of Vietnamese workers abroad 48
2.3.2. Receiving countries of Vietnamese workers 50
2.3.3. Jobs for Vietnamese workers working abroad 51
2.3.4. Qualification and income of Vietnamese workers working abroad 52
2.4. Vietnamese legal and policy framework on Vietnamese guest workers from gender equality perspective 54
2.4.1. Policy framework on sending Vietnamese guest workers and gender equality 54
2.4.2. Ensuring gender equality for female workers before job employment abroad 59
2.4.3 Ensuring gender equality for female workers during job employment abroad 72
2.4.4. Ensuring gender equality for female guest workers upon return 77

Chapter 3: Legal and policy framework on foreign workers working in Korea 85
3.1. Introduction 85
3.2. Development of women’s labor laws in Korea 86
3.2.1. Historical overview of women’s labor laws in Korea 86
3.2.2. Major provisions of women’s labor laws in Korea 92
3.2.3. Concluding observation 100
3.3. Current situation of guest workers in Korea 100
3.3.1. Influx of foreign workers and changes to the related systems in Korea 100
3.3.2. Foreigners based on the Type of Visa 102
3.3.3. Gender status in industries with employment permit 104
3.3.4. Gender status of countries with employment permit MOUs 104
3.3.5. Status of Vietnamese migrant workers in Korea 105
3.3.6. Status of female guest workers in Korea 107
3.4 Legal framework of foreign worker employment in Korea 108
3.4.1 Domestic laws 108
3.4.2 International treaties and agreements 111
3.4.3 Memorandums of understanding on sending and receiving migrant workers 116
3.5 Legal and practical issues on female guest worker’s employment in Korea 116
3.5.1 Challenges and problems of the employment permit system under domestic laws 116
3.5.2 The Issues on the treatment and protection of female workers 120
3.5.3 Legal challenges and problems related to the implementation of international norms 126
3.6. Analysis and Recommendations 138

Chapter 4. Key issues in ensuring gender equality in legal and policy framework on Vietnamese guest workers 147
4.1. Challenges and regulatory gaps during the recruitment process, before job employment abroad 147
4.1.1. Motives and difficulties for female workers when deciding to work abroad 147
4.1.2. Access to information and employment counselling for low-skill work for female workers working abroad 148
4.1.3. The state of illegal working and transparency in employment market to work abroad. 150
4.1.4. Standards on occupation and on-the-job training for low-skilled guest workers 152
4.1.5. Communication on gender equality for female guest workers 154
4.2. Challenges and regulatory gaps during job employment 154
4.2.1. Gender wage gap 154
4.2.2. Labor rights violations 157
4.2.3. Barriers for access to justice 165
4.2.4. Ineffective management of guest workers in foreign countries 168
4.2.5. Support for female guest workers before returning to their home country 169
4.3. Challenges and regulatory gaps after job employment abroad 171

Chapter 5. Recommendations 175

Conclusion 185

References 187

Annex 1. Questionnaire for female returnees 203
Annex 2. Questionnaire for labor export enterprises 219