Regulations on administrative penalties for an employer who violates employee’s rights in Vietnam in 2022, rights of employee in Vietnam

Regulations on administrative penalties for an employer who violates employee’s rights in Vietnam in 2022

When working, there is no avoidance of disagreement in society, especially during the working relationship between employer and employee. However, normally, when conflicts arise, the weaker side is usually the employees. Accordingly, to protect the employees, the Government of Vietnam has issued the Labor Code, amended through each phase of society. When an employer violates the rights of employees, they will be punished accordingly. So, what are the regulations on administrative penalties for an employer who violates employees’ rights in Vietnam in 2022?

Violations of regulations on termination of labor contracts

The notification before leaving/firing, or in other words, the termination of a labor contract is a responsibility that must be carried out by both the employee and employer. 

On the employer’s side, if he/she fails to notify the employees in writing about the termination of his/her contract, except for the cases specified in Clauses 4, 5, 6, 7, and 8 Article 34 of the Labor Code, the employer will receive a fine ranging from VND 1,000,000 to VND 3,000,000 according to Clause 1, Article 12 of Decree 12/2022/ND-CP.

Violations against regulations on training, retraining, and improvement of vocational skills

The administrative fine level for the act of taking advantage of the name of vocational training to gain profit or exploiting the labor power of the employees or other individuals, including enticing and forcing apprentices to engage in illegal activities and/or recruiting people under the age of 14 to participate in vocational training, except for those occupations and jobs permitted by law specified in Clause 2, Article 14 of Decree 12/2022/ND-CP will be between VND 50,000,000 and 75,000,000.

Regulations on administrative penalties for an employer who violates employee’s rights in Vietnam in 2022
Regulations on administrative penalties for an employer who violates employee’s rights in Vietnam in 2022

Specifically, the employer will receive the fine if he/she commits one of the following acts:

  • Taking advantage of the name of vocational training or apprenticeship to make a profit or exploit labor power or entice or force apprentices or apprentices into illegal activities;
  • Recruiting people under 14 years of age for an apprenticeship or vocational training, except for occupations and jobs permitted by law;
  • Recruiting trainees, apprentices to work with a training period exceeding 03 months.

Violations of regulations on labor discipline and material responsibility

When working in a company, especially a production company, the probability of creating errors that causes material damages to the company is very high. 

Accordingly, the employer needs to notify in advance publicly about the regulations on labor discipline and material responsibility. 

The regulations have been clearly stipulated in Clause 1, Article 19 Decree 12/2022/ND-CP.

If the employer fails to provide necessary information about the main contents relating to labor discipline and material responsibility of employees working in the company, they will have to receive a fine ranging from VND 1,000,000 and VND 3,000,000 if the employer fails to notify the labor regulations to all employees or fails to post up the main contents of the labor regulations in necessary places at the workplace.

In addition, a fine ranging from VND 20,000,000 to VND 40,000,000 will be imposed if the employer: 

  • Infringing upon the health, honor, life, reputation, or dignity of employees when handling labor discipline but not to the extent of criminal prosecution;
  • Using the form of a fine or salary cut instead of handling labor discipline;
  • Handling labor discipline against employees who commit violations that are not specified in the internal labor regulations or are not agreed upon in the signed labor contracts or are not regulated by the labor law;
  • Applying many forms of labor discipline to violation of a labor discipline;
  • Take disciplinary action against employees who are in the following period: sick leave; nursing leave; leave with the consent of the employer; being detained; being confined; is waiting for the results of the agency competent to investigate, verify and draw conclusions for the violations specified in Clauses 1 and 2, Article 125 of the Labor Code.

Violations of salary regulations

If the employer doesn’t publicly announce the salary level of the employee as well as other notifications related to the employee’s salary, they will be fined accordingly. 

Specifically, the employer must notify the employee about the salary scale, salary table, labor level, regulations on bonuses, etc.   

Failure to provide the necessary information or provide the information but untruthfully or inaccuracy, the employer will get a fine of between VND 5,000,000 and VND 10,000,000:

  • Failure to publicly announce at the workplace before implementation: salary scale, salary table; labor level; bonus regulations;
  • Failure to develop a salary scale, wage table, or labor norms; does not apply the trial labor rate before officially promulgating;
  • Failure to consult the representative organization of employees when formulating the salary scale and salary table; labor level; bonus regulations;
  • Failure to notify the salary statement or notifying the employee salary list but not in accordance with regulations;
  • Failure to pay equal wages or discrimination against employees doing work of equal value.

Violations of sexual harassment at the workplace or forcefully force the employees to work against their will

The administrative penalty for sexual harassment at the workplace is specified in Article 11 of Decree 12/2022/ND-CP. Accordingly, the employer will receive a fine ranging from VND 15,000,000 to VND 30,000,000 for sexual harassment at work but not to the extent of criminal prosecution.

The administrative fine level for forcing or mistreating the employee is specified at Point b, Clause 4, Article 11 of Decree 12/2022/ND-CP. Accordingly, the employer will receive a fine of between VND 50,000,000 and 75,000,000 if he/she commits one of the following acts:

  • Forced labor or mistreat employees but not to the extent of criminal prosecution;
  • Forcing employees to perform labor contracts to pay debts to employers.

Violations of regulations on female workers and gender equality

In Vietnam, there will be no tolerance against discrimination against female workers or any acts that are implied of gender inequality.

Accordingly, if the employer conducts such action, he will be condemned and fined accordingly. 

The fine level for such action will be between VND 5,000,000 and VND 10,000,000 if the employer commits one of the following acts:

  • Failure to ensure the implementation of gender equality and measures to promote gender equality in one of the following cases: recruitment; arrange; employment arrangements; educate; working hours; relax time; salary; other modes;
  • Failure to consult female workers or their representatives when deciding on issues related to women’s rights and interests.

Moreover, as specified in Clause 2, Article 28 of Decree 12/2022/ND-CP, the fine level ranging from VND 10,000,000 to VND 20,000,000 for the employer will be as follows if he/she commits actions such as:

  • Not allowing female employees to take a break of 30 minutes per day during menstruation unless otherwise agreed by both parties;
  • Failure to install a room to express or store breast milk at the workplace when employing 1,000 or more female employees.

Violations of regulations on labor as domestic workers

If the employer hires an employee to work as a domestic worker that helps the employer with family issues such as cleaning, taking care of children, and conducts actions that violate the employee’s rights, he/she will be fined accordingly. 

Specifically, the administrative fine level for acts of maltreatment, sexual harassment, forced labor, or use of force against domestic workers but not up to the level of criminal prosecution is specified in Clause 1 of this Article 4 Article 30 of Decree 12/2022/ND-CP.

Consequently, the employer might be fined the amount ranging from VND 50,000,000 to VND 75,000,000 if he/she abuses, sexually harass, forces labor, or use force against employees who are domestic workers but not to the extent of criminal prosecution.

Violations against regulations on underage employees

The administrative fine levels for using underage employees to work overtime and using people under 15 to work overtime or working at night are specified in Clause 2, Article 29 of Decree 12/2022/ND-CP. The specific fine level is as follows:

A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on the employer who commits one of the following acts:

  • Employing minor employees to work beyond the working hours specified in Article 146 of the Labor Code;
  • Employing people under the age of 15 to work overtime or work at night;
  • Employing people from full 15 years old to under 18 years old to work overtime or work at night in occupations or jobs not permitted by law.

Violations of regulations on payment of compulsory social insurance and unemployment insurance

Compulsory social insurance and unemployment insurance are the mandatory insurance of society.

These insurances won’t benefit the employers or the employees at the moment, working in the company. However, it will greatly benefit the employee if they quit the job or enter retirement age. 

Accordingly, the violations of compulsory social insurance and unemployment insurance are stipulated clearly in Clause 3 of Article 39 Decree 12/2022/ND-CP. Specifically, the employer will get a fine ranging from VND 1,000,000 to VND 3,000,000 for each violation against each employee, but not exceeding VND 75,000,000 for the employer who fails to carry out the procedures for the confirmation of the payment of compulsory social insurance and unemployment insurance for employees according to regulations.

If the employer commits acts of forging or falsifying the contents of the dossier for social insurance and unemployment insurance benefits to benefit from the social insurance and unemployment insurance benefits, but not to the extent of being prosecuted for criminal responsibility then the employer will be fined from 10,000,000 VND to 20,000,000 VND but not more than 75,000,000 VND.

ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.

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