Vietnam: Penalties for enterprises that require workers to undergo probation longer than permissible

14:50, 10/10/2015

Recently, the Government of Vietnam issued Decree No. 88/2015/NĐ-CP on amendments to a number of articles of Decree No. 95/2013/NĐ-CP dated August 22, 2013 of Vietnam’s Government on penalties for administrative violations against regulations on employment, social insurance and Vietnamese guest workers.

thu viec qua thoi gian quy dinh, Nghi dinh 88/2015/NĐ-CP

According to Clause 5 Article 1 of Decree No. 88/2015/NĐ-CP of Vietnam’s Government amending and supplementing Article 6 of Decree No. 95/2013/NĐ-CP, a fine of from VND 2,000,000 to VND 5,000,000 shall be imposed upon any employer that commits any of the following violations:

a) Requiring workers to undergo more than one probation period for one job;

b) Requiring workers to undergo probation longer than permissible;

c) Paying employees undergoing probation less than 85% of the wage of the job.

d) Failure to conclude employment contracts with workers who keep working after the probation period.

Thus, any employer that requires workers to undergo probation longer than permissible shall be fined from VND 2,000,000 to VND 5,000,000, concurrently be compelled to pay 100% wages to workers.

Besides, Decree No. 88/2015/NĐ-CP also stipulates that warnings or fines of from VND 500,000 to VND 1,000,000 shall be imposed upon any employer who commits any of the following violations:

- Requiring workers who work under casual labor contracts to undergo probation;

- Failure to notify work results of workers who underwent probation as prescribed by law.

View full text at Decree No. 88/2015/NĐ-CP of Vietnam’s Government, effective from November 25, 2015.

Thu Ba

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