Decree No. 12/2022/ND-CP of the Government prescribing the administrative penalties for violations in the field of labor, social insurance, and Vietnamese workers abroad under contract was issued on January 17, 2022.
The Decree consists of 06 chapter and 64 articles with some highlights as follows:
- Violations of salary regulations (Article 17)
The employers will get a fine of between VND 5,000,000 and VND 10,000,000 if they commit one of the following acts:
+ 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 pay equal wages or discrimination against employees doing work of equal value;...
- Violations of regulations on labor discipline and material responsibility (Article 19)
A fine ranging from VND 20,000,000 to VND 40,000,000 will be imposed if the employers: Infringe upon the health, honor, life, reputation, or dignity of employees when handling labor discipline but not to the extent of criminal prosecution; Use the form of a fine or salary cut instead of handling labor discipline; Apply many forms of labor discipline to violation of a labor discipline;...
Violations of regulations on female workers and gender equality (Article 28)
Sanctions against employers who commit one of the following acts are:
- The fine level will be between VND 5,000,000 and VND 10,000,000 if the employer: Fails 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;
- The fine level will be between VND 10,000,000 and VND 20,000,000 if he/she commits actions such as:
+ Employing employees who are raising children under 12 months old to work overtime or work at night or go away on business trips; not allowing female employees to take a break for 60 minutes per day while raising children under 12 months of age, unless otherwise agreed by both parties;
+ Firing or unilaterally terminating labor contracts with employees for reasons of marriage, pregnancy, maternity leave or raising children under 12 months old, except for cases prescribed by law;
Violations against regulations on underage employees (Article 29)
Sanctions against employers who commit one of the following acts are:
- 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 without the permission of the minor's parent or guardian; 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;...
- A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on the employer who commits one of the following acts: employing people between the ages of 13 and under 15 years old to do jobs outside the list permitted by law under the provisions of Clause 3, Article 143 of the Labor Code; employing people under the age of 13 to do jobs outside the list of permitted jobs as prescribed in Clause 3, Article 145 of the Labor Code;...
Violations against regulations on elderly workers and persons with disabilities (Article 31)
Sanctions against employers who commit one of the following acts are:
- A fine ranging from VND 5,000,000 to VND 10,000,000:
+ Failure to consult employees with disabilities when deciding on issues related to their rights and interests;
+ Employing employees who are mildly disabled with a working capacity reduction of 51% or more or with severe or particularly severe disabilities to work overtime or work at night, unless the employees agree.
- A fine ranging from VND 10,000,000 to VND 15,000,000: employing elderly employees to do heavy, hazardous or dangerous jobs, or especially hard, toxic or dangerous jobs that adversely affect the health of elderly workers, except in the case of ensuring safe working conditions.
The Decree takes effect from January 17, 2022, replacing Decree 28/2020/ND-CP.
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