Companies that collect fees from employees participating in VIetnam in recruitment can be administratively fined up to VND 3,000,000?
Rights and responsibilities of employers in recruitment and labor management in Vietnam?
Pursuant to Article 11 of the Labor Code 2019 stipulates as follows:
“Article 11. Labor recruitment
1. Employers have the right, directly or through employment service organizations or labor outsourcing enterprises, to recruit workers according to the employer's needs.
2. Employees do not have to pay labor recruitment costs.”
Employers are responsible for labor management according to the provisions of Article 12 of the Labor Code 2019 as follows:
“Article 12. Employer's responsibilities for labor management
1. Make, update, manage and use the paper or electronic labor management book and present it at the request of a competent state agency.
2. Report the use of labor within 30 days from the date of commencement of operation, periodically report on changes in labor during the course of operation to the specialized labor agency under the Human Resources Committee. provincial people and notify the social insurance agency.
3. The Government shall detail this Article.”
As such, employees will have the right and responsibility for recruitment and labor management in accordance with the above provisions.
Companies that collect fees from employees participating in VIetnam in recruitment can be administratively fined up to VND 3,000,000?
Does the company need to notify the state agency when there is a change in the employment situation?
Pursuant to Article 4 of Decree 145/2020/ND-CP (amended by Clause 1, Article 73 of Decree 35/2022/ND-CP) as follows:
“Article 4. Employee report
The declaration to the employer, periodically reporting on the change in labor in Clause 2, Article 12 of the Labor Code is prescribed as follows:
1. Employers declare their employment according to the Government's Decree No. 122/2020/ND-CP dated October 15, 2020 stipulating the coordination and interconnection of procedures for enterprise establishment registration. , branches, representative offices, declare the use of labor, issue the code of the unit participating in social insurance, register the use of invoices of the enterprise.
2. Every 6 months (before June 5) and annually (before December 5), the employer must report the change of labor to the Department of Labor, War Invalids and Social Affairs for approval. The National Public Service Portal is made according to Form No. 01/PLI, Appendix I issued together with this Decree and notified to the district-level social insurance agency where its head office, branch or representative office is located. In case the employer is unable to report the change of labor through the National Public Service Portal, it shall send a report in paper form according to Form No. 01/PLI Appendix I issued with this Decree to the Department of Labor. Labor - Invalids and Social Affairs and notify the district social insurance agency where the head office, branch or representative office is located. For employees working in industrial parks or economic zones, the employer must report the change of labor to the Department of Labor, War Invalids and Social Affairs, the district-level social insurance agency where the employer is located. headquarters, branches, representative offices and Management Boards of industrial parks and economic zones for monitoring.
The Department of Labor, War Invalids and Social Affairs is responsible for summarizing changes in labor in case the employer sends a paper report to update the information according to Form No. 02/PLI Appendix I promulgate together with this Decree.
3. Every 6 months, before June 15 and every year, before December 15, the Department of Labor - Invalids and Social Affairs is responsible for reporting to the Ministry of Labor - Invalids and Social Affairs on the usage situation. local laborers through the National Public Service Portal according to Form No. 02/PLI Appendix I issued with this Decree.
In case the Department of Labor, War Invalids and Social Affairs is unable to report the employment situation through the National Public Service Portal, it shall send a paper report to the Ministry of Labor, War Invalids and Social Affairs using Form No. 02. /PLI Appendix I promulgated together with this Decree.”
Accordingly, every 6 months and annually, the employer must report the situation of using labor to the Department of Labor, War Invalids and Social Affairs.
How will the candidate's behavior of collecting fees when participating in labor recruitment be penalized?
Pursuant to Article 8 of Decree 12/2022/ND-CP stipulating as follows:
“Article 8. Violations on recruitment and labor management
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on the employer when committing one of the following acts:
a) Failure to declare the use of labor as prescribed;
b) Collecting money from employees participating in labor recruitment;
c) Failing to display or enter all information about the employee in the labor management book from the date the employee starts working;
d) Failing to present the labor management book at the request of the competent state management agency.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the employer who commits one of the following acts:
a) Discrimination in labor, except for discriminatory acts specified at Point d, Clause 1, Article 13, Clause 2, Article 23, Clause 1, Article 36 and Clause 2, Article 37 of this Decree;
b) Employing untrained laborers or having no national vocational skill certificates for occupations and jobs requiring trained workers or having national certificates of vocational skills;
c) Failure to report changes in labor according to regulations;
d) Failing to make a labor management book or failing to make a labor management book on time or failing to ensure the basic contents as prescribed by law.
3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for one of the following acts: enticing; entice; promise; false advertising or other tricks to deceive employees or to recruit employees for the purpose of exploiting or forcing labor but not to the extent of criminal prosecution.
4. Remedial measures
Forcing the employer to return the collected money to the employee for the violation specified at Point b, Clause 1 of this Article.”
Accordingly, for the act of collecting money from employees when participating in labor recruitment, they will be administratively sanctioned from 1 million to 3 million dong. In addition to being administratively sanctioned, they are also required to take remedial measures according to the above provisions.
Note: The above administrative sanction is only applied to individuals committing administrative violations, in case organizations commit administrative violations, the administrative sanction will be double that of violators.
Decree 35/2022/ND-CP takes effect from July 15, 2022.
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