Vietnam: In case the company keeps university degrees of the employee applying for a job, is it penalized?
Can the company keep university degrees from employees' resumes?
Pursuant to Article 17 of the 2019 Labor Code of Vietnam stipulating prohibited acts by employers during conclusion and performance of employment contracts as follows:
- Keeping the employee’s original identity documents, diplomas and certificates.
- Requesting the employee to make a deposit in cash or property as security for his/her performance of the employment contract.
- Forcing the employee to keep performing the employment contract to pay debt to the employer.
So in case the university degree is kept in the job application, the employer is violating the law as prescribed in Clause 1, Article 17 of the 2019 Labor Code of Vietnam.
Vietnam: In case the company keeps university degrees of the employee applying for a job, is it penalized?
In case the company keeps university degrees from the employee's resumes, is it penalized?
According to the provisions of Clause 2, Article 9 of Decree No. 12/2022/ND-CP of Vietnam on penalties for administrative violations against regulations on labour, social insurance, and Vietnamese guest workers, keeping university degrees in the employee's job application is regulated as follows:
Violations against regulations on conclusion of employment contracts in Vietnam
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2. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Keeping original copies of personal identity papers, diplomas or certificates of employees when concluding or performing employment contracts;
b) Forcing employees to make deposits in cash or property as security for their performance of employment contracts;
c) Concluding employment contracts with persons aged 15 to under 18 without obtaining written consent from their legal representatives.
However, according to Article 6 of Decree No. 12/2022/ND-CP, which additionally stipulates the fines imposed on organizations, the fine level that organizations must bear is equal to 02 times the fine level imposed on individuals.
Thus, if your company keeps the original university degree in your application, the company can be fined up to VND 50 million.
In addition, according to Clause 3, Article 9 of Decree 12/2022/ND-CP on penalties for administrative violations against regulations on labour, social insurance, and Vietnamese guest workers, in addition to sanctioning when there are violations of the law from the employer, the law also stipulates remedial measures, specifically:
Violations against regulations on conclusion of employment contracts in Vietnam
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3. Remedial measures
a) The employer is compelled to enter into written employment contracts when failing to enter into written employment contracts with employees who do jobs with a term of full 01 month or longer as specified in Clause 1 of this Article.
b) The employer is compelled to enter into a written employment contract with the authorized representative of the group of employees to do seasonal works or certain jobs with a term of less than 12 months when failing to enter into a written employment contract with the authorized representative of the group of employees aged 18 or older to do seasonal works or certain jobs with a term of less than 12 months as prescribed in Clause 2 Article 18 of the Labour Code as specified in Clause 1 of this Article;
c) The employer is compelled to enter into the right type of employment contract with employees when failing to enter into the right type of employment contract with employees as specified in Clause 1 of this Article;
d) The employer that commits the violation specified in Point a Clause 2 of this Article is compelled to return original copies of personal identity papers, diplomas and certificates to employees;
dd) The employer that commits the violation specified in Point b Clause 2 of this Article is compelled to return the amounts of money or property, that the employer has kept as security, and pay the interest on such amounts, which is calculated at the highest rate of the demand deposit interest rates publicly quoted by state-owned commercial banks on the date of penalty imposition, to employees.
Thus, when your company keeps your original university degree, in addition to the company being sanctioned, the company needs to return the original university degree to you.
What are the obligations to provide information before the conclusion of an employment contract?
Article 16 of the 2019 Labor Code of Vietnam stipulates the obligations to provide information before conclusion of an employment contract as follows:
- The employer shall provide the employee with truthful information about the job, workplace, working conditions, working hours, rest periods, occupational safety and health, wage, forms of wage payment, social insurance, health insurance, unemployment insurance, regulations on business secret, technological know-how, and other issues directly related to the conclusion of the employment contract if requested by the employee.
- The employee shall provide the employer with truthful information about his/her full name, date of birth, gender, residence, educational level, occupational skills and qualifications, health conditions and other issues directly related to the conclusion of the employment contract which are requested by the employer.
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