The company that employs employees in Vietnam who are raising children under 12 months old to work at night will be fined up to VND 40,000,000?

Main Content

• What policies does the State implement to ensure gender equality in Vietnam in labor relations?
• Does the employer have to support the cost of childcare and kindergarten for employees in Vietnam to ensure gender equality in Vietnam?
• Is it fine to use an employee who is raising children to work at night?

What policies does the State implement to ensure gender equality in Vietnam in labor relations?

Pursuant to Article 135 of the Labor Code 2019 stipulates as follows:

“Article 135. State policies

1. Ensure equal rights of female and male employees, take measures to ensure gender equality and prevent and combat sexual harassment at work.

2. Employers are encouraged to create conditions for female and male employees to have regular jobs, widely apply the regime of working according to flexible timetables, working part-time, and assigning jobs. homemade.

3. Take measures to create jobs, improve working conditions, raise professional qualifications, take care of health, and enhance the material and spiritual welfare of female employees in order to help female employees promote their potential. effective professional capacity, harmoniously combining working life and family life.

4. To adopt a tax reduction policy for employers that employ many female employees in accordance with tax laws.

5. The State has plans and measures to organize kindergartens and kindergartens in places with many laborers. Expand many types of training favorable for female workers to have more backup jobs and be suitable to women's physical, physiological and maternal characteristics.

6. The Government shall detail this Article.”

Thus, the implementation of policies to ensure gender equality in labor relations of the State is carried out in accordance with the above provisions.

The company that employs employees in Vietnam who are raising children under 12 months old to work at night will be fined up to VND 40,000,000? (Image from the internet)

Does the employer have to support the cost of childcare and kindergarten for employees in Vietnam to ensure gender equality in Vietnam?

Pursuant to Article 136 of the Labor Code 2019 stipulates as follows:

“Article 136. Responsibilities of the employer

1. Ensuring the implementation of gender equality and measures to promote gender equality in recruitment, placement, job arrangement, training, working time, rest time, salary and other regimes .

2. Consult female workers or their representatives when deciding on issues related to women's rights and interests.

3. Ensure that there are adequate showers and toilets in the workplace.

4. Help and support the construction of kindergartens, kindergartens or a part of child care and kindergarten expenses for employees.”

As such, employees will be responsible for implementing the above contents to ensure gender equality in Vietnnam. Including the partial support of childcare and kindergarten costs for employees.

Is it fine to use an employee who is raising children to work at night?

Pursuant to Article 28 of Decree 12/2022/ND-CP stipulates as follows:

“Article 28. Violations against regulations on female workers and ensuring gender equality

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the employer when committing one of the following acts:

a) Failing to ensure the implementation of gender equality and measures to promote gender equality in one of the following cases: recruitment; arrange; employment arrangements; train; working hours; relax time; salary; other modes;

b) Failing to consult female employees or their representatives when deciding on issues related to women's rights and interests.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on the employer who commits one of the following acts:

a) Employing employees who are pregnant from the 7th month or from the 6th month if working in highland, deep-lying areas, remote areas, border areas, islands to work overtime or work at night or go on a business trip;

b) Employing employees who are raising children under 12 months old to work overtime or work at night or go away on business trips, unless otherwise agreed by the employees;

c) Failing to change jobs or reduce working hours for female employees doing heavy, hazardous, dangerous or especially heavy, hazardous or dangerous occupations or jobs or jobs that affect them. adversely affect the reproductive function and child rearing during pregnancy that the employee has informed the employer according to the provisions of Clause 2, Article 137 of the Labor Code, unless otherwise agreed upon by the two parties. ;

d) Do not allow female employees to take a break of 30 minutes every day during menstruation, unless otherwise agreed by both parties;

dd) Do not allow female employees during the period of raising children under 12 months of age to rest 60 minutes per day, unless otherwise agreed by both parties;

e) Failing to guarantee jobs for employees as prescribed in Article 140 of the Labor Code;

g) Failing to give priority to entering into a new labor contract in case the labor contract expires while the female employee is pregnant or raising a child under 12 months old;

h) Handle labor discipline against female employees who are pregnant or on maternity leave in accordance with the law on social insurance; handle labor discipline for employees who are raising children under 12 months old;

i) Fire or unilaterally terminate the labor contract with the employee for reasons of marriage, pregnancy, maternity leave or raising a child under 12 months old, unless the employer being an individual dies. , has been declared incapacitated by a court, is missing or dead, or the employer is not an individual, or has been terminated by a specialized business registration agency under the People's Committee. The provincial level issues a notice that there is no legal representative, the person authorized to perform the rights and obligations of the legal representative but not to the extent of criminal prosecution;

k) Failing to provide sufficient information about the dangerous nature, risks and requirements of the job for employees to choose and failing to ensure occupational safety and health conditions for employees as prescribed when using them to do jobs on the list of occupations and jobs that adversely affect reproductive function and child rearing;

l) Failing to install a room for expressing or storing breast milk at the workplace when employing 1,000 or more female employees.

3. Remedial measures

a) Forcing the employer to pay a salary to the female employee in proportion to the time when the female employee is not allowed to take leave during her menstrual period as prescribed by law when committing any of the violations specified at Point d. Clause 2 of this Article;

b) Forcing the employer to pay a salary to the female employee in proportion to the time the female employee is not allowed to take leave during the period of raising a child under 12 months of age as prescribed by law, for acts of violating the law. specified at Point dd, Clause 2 of this Article;

c) Forcing the employer to accept the employee back to work when committing violations specified at Point i, Clause 2 of this Article.”

Thus, violations of the regulations on female employees in Vietnam and ensuring gender equality shall be based on the violations of the employer to determine the administrative sanction according to the above provisions.

Accordingly, administrative sanctions will be imposed for using employees in Vietnam who are raising children under 12 months old to work overtime or work at night or go on a business trip without the employee's consent.

In addition, the employer is also required to take remedial measures according to the above provisions in addition to the administrative sanction.

Note: The administrative sanction for the above provisions only applies to individuals committing administrative violations. In case an organization commits an administrative violation, the administrative sanction will be twice as much as that of an individual.