Question: For a labor contract with a term of 03 months or more, will the employer be sanctioned if the labor contract is not concluded in writing? If so, what is the punishment? Thank you for your advice!
Law Department - ACDC advises:
According to Article 14 of the Labor Code 2019, labor contracts are required to be concluded in writing, except for labor contracts with a term of less than 01 month, they can be concluded orally. Therefore, for labor contracts with a term of 03 months or more, it is mandatory to conclude in writing.
Labor contracts with a term of 03 months or more if they do not conclude contracts in writing will be sanctioned for administrative violations under Clause 1, Article 8 of Decree No. 28/2020/ND-CP on sanctioning administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad under the contract, in case the employer does not conclude a written labor contract for a job with a term of 03 months or more, he/she shall be fined according to one of the following levels:
(1) From VND 2,000,000 to VND 5,000,000 for violations of 01 person to 10 employees;
(2) From VND 5,000,000 to VND 10,000,000 for violations of 11 to 50 employees;
(3) From VND 10,000,000 to VND 15,000,000 for violations of between 51 and 100 employees;
(4) From VND 15,000,000 to VND 20,000,000 for violations of between 101 and 300 employees;
(5) From VND 20,000,000 to VND 25,000,000 for violations of 301 or more employees.
Thus, the non-conclusion of a written labor contract for a full-term labor contract of 03 months or more shall be sanctioned for administrative violations corresponding to the four above cases.
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