Is it permissible to employ 14-year-old workers in livestock slaughtering in Vietnam? What are the penalties for violating regulations on employing a 14-year-old worker?
Is It Permissible to Employ a 14-Year-Old Worker in Livestock Slaughtering in Vietnam?
According to Clause 3 Article 143 of the 2014 Labor Code which stipulates regulations on minor workers as follows:
Minor Workers
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3. Persons aged from 13 to under 15 are only allowed to perform light work as prescribed by the Minister of Labor - Invalids and Social Affairs.
Based on Article 8 of Circular 09/2020/TT-BLDTBXH which stipulates the list of light work for persons aged from 13 to under 15 as follows:
List of Light Work for Persons Aged from 13 to Under 15
1. Performing arts.
2. Athletes.
3. Software programming.
4. Traditional crafts: ceramic glazing; shell carving; making dó paper; making conical hats; embroidering conical hats; mat weaving; drum making; brocade weaving; embroidering brocade; making rice vermicelli; making cellophane noodles; making bean sprouts; making rice papers; silk weaving; lotus fiber spinning; lacquer painting, incense making, ceremonial paper making (excluding stages that use harmful chemicals such as lacquer, cleaning agents, coloring chemicals, scent creating chemicals, etc.).
5. Handicrafts: embroidery; fine woodwork; making horn combs; folk painting (Dong Ho painting, Hang Trong painting, etc.); clay figurine modeling; wood engraving painting, silk painting; collecting shells to attach on art paintings; polishing art paintings; beading, embroidering, polishing jewelry; puppet making; making greeting cards from decorative paper; making model frames from paper, paper boxes, paper bags.
6. Weaving, making household items, handicrafts from natural materials such as: rattan, bamboo, coconut leaves, banana leaves, water hyacinth, jute, sedge, cinnamon, straw, rush, palm leaves.
7. Wrapping spring rolls, candy, cakes (excluding the operation or use of packing machines, equipment, tools).
8. Silkworm breeding.
9. Weeding vegetable gardens; harvesting seasonal vegetables and fruits.
10. Herding livestock on farms.
11. Assisting in removing fish nets, mending fish nets, drying seafood.
12. Cutting threads, buttonholes, packing hand-woven products into boxes.
Thus, according to the regulations, livestock slaughtering is not included in the list of light work for persons aged from 13 to under 15; therefore, employers are not allowed to employ 14-year-old workers for livestock slaughtering.
Is It Permissible to Employ a 14-Year-Old Worker in Livestock Slaughtering? What are the Penalties for Violating the Regulations on Employing 14-Year-Old Workers? (Image from the Internet)
Regulations on Employing Workers under 15 Years Old in Vietnam
According to Article 145 of the 2019 Labor Code which stipulates the employment of persons under 15 years old as follows:
Employment of Persons Under 15 Years Old
1. When employing persons under 15 years old, employers must comply with the following regulations:
a) A written labor contract must be concluded with the under-15 worker and their legal representative;
b) Work schedules must not interfere with the school hours of the under-15 worker;
c) A health check certificate from a licensed medical facility must confirm the suitability of the under-15 worker’s health for the job, and periodic health checks must be conducted at least once every 6 months;
d) Adequate working conditions, safety, and hygiene suitable for the age must be ensured.
2. Employers may only employ and use persons aged from 13 to under 15 for light work as prescribed in Clause 3 Article 143 of this Code.
3. Employers are not allowed to employ and use persons under 13 years old, except for performing arts, sports, which do not harm the physical, mental, or moral development of such persons and must obtain the consent of the labor specialized agency under the provincial People's Committee.
4. The Minister of Labor - Invalids and Social Affairs shall detail this Article.
Thus, here are the regulations on employing persons under 15 years old.
Penalties for Violating the Regulations on Employing 14-Year-Old Workers in Vietnam
According to Article 29 of Decree 12/2022/ND-CP which stipulates penalties for violations related to minor workers as follows:
Violations Related to Minor Workers
- A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on employers who fail to maintain a separate log or have a separate log but do not record all the mandatory contents as per Clause 3 Article 144 of the Labor Code when employing minor workers, or for failing to present the log upon request by the competent state agency.
2. A fine from VND 20,000,000 to VND 25,000,000 shall be imposed on employers who commit one of the following violations:
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b) Employing persons under 15 years old without a written labor contract with the under-15 worker and their legal representative; scheduling work hours that interfere with the school hours of the under-15 worker; lacking a health check certificate for the under-15 worker from a licensed medical facility confirming their health suitability for the job; failing to conduct periodic health checks at least once every 6 months or failing to ensure adequate working conditions, safety, hygiene suitable for the age;
c) Employing minor workers to work beyond the working hours stipulated in Article 146 of the Labor Code;
d) Employing persons under 15 years old for overtime, night shifts;
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3. A fine from VND 50,000,000 to VND 75,000,000 shall be imposed on employers who commit one of the following violations:
a) Employing persons aged from 13 to under 15 years old to perform work outside the list legally permitted as prescribed in Clause 3 Article 143 of the Labor Code;
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Thus, under the regulations, if an employer violates the regulations on employing 14-year-old workers, they will face administrative penalties as follows:
- Administrative fines ranging from VND 1,000,000 to VND 2,000,000 for violations stipulated in Article 1 of Decree 12/2022/ND-CP.
- Administrative fines ranging from VND 20,000,000 to VND 25,000,000 for violations stipulated in Clause 2 Article 29 of Decree 12/2022/ND-CP.
- Administrative fines ranging from VND 50,000,000 to VND 75,000,000 for violations stipulated in Clause 3 Article 29 of Decree 12/2022/ND-CP.
The above fines are applicable to individuals; organizations will face double the aforementioned fines.
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