Is there a fine for requesting disabled people with work capacity reduction to work overtime without their consent in Vietnam?
What are the regulations on employment of disabled people in Vietnam?
According to Article 159 of the Labor Code 2019 regarding the employment of disabled people:
Employment of disabled people
1. Employers must ensure working conditions, tools, safety, labor hygiene, and organize periodic health checks suitable for employees who are disabled people.
2. Employers must consult disabled people when making decisions on issues related to their rights and benefits.
Thus, the employment of disabled people is regulated as above.
Is there a fine for requesting disabled people with work capacity reduction to work overtime without their consent in Vietnam? (Image from the Internet)
Vietnam: Is it legal to request disabled people to work overtime without their consent?
According to Article 107 of the Labor Code 2019 regarding overtime work:
Overtime work
1. Overtime work is the time worked outside of the normal working hours as prescribed by law, collective labor agreement, or labor regulations.
2. Employers are allowed to use employees for overtime work when the following conditions are met:
a) Must obtain the consent of the employees;
b) Ensure the overtime hours do not exceed 50% of the normal working hours per day; in case of normal weekly working hours, the total number of normal and overtime hours must not exceed 12 hours per day; not exceeding 40 hours per month;
c) Ensure the total overtime hours do not exceed 200 hours per year, except for the cases specified in clause 3 of this Article.
3. Employers are allowed to use employees for overtime work up to 300 hours per year in certain industries, trades, occupations, or cases as follows:
a) Production, processing for export of textile, garments, leather, footwear, electronics, agricultural, forestry, salt production, seafood processing;
b) Production, provision of electricity, telecommunications, oil refining; water supply, drainage;
c) Cases requiring labor with high technical expertise that the labor market cannot promptly supply;
d) Urgent work that cannot be delayed due to the seasonal nature, period of raw materials, products, or arising work due to unforeseen objective factors such as weather conditions, natural disasters, fires, war damage, power or raw material shortages, or production line technical problems;
dd) Other cases as prescribed by the Government of Vietnam.
4. When organizing overtime work as specified in clause 3 of this Article, employers must notify in writing the labor authority under the provincial People's Committee.
5. The Government of Vietnam will provide detailed regulations on this Article.
Additionally, based on Article 160 of the Labor Code 2019 regarding prohibited acts when employing disabled people:
Prohibited acts when employing disabled people
1. Employing disabled people with reduced labor capacity from 51% or more, severe disabilities, or extremely severe disabilities for overtime work, night work, except with their consent.
2. Employing disabled people for arduous, harmful, or dangerous work as listed by the Minister of Labor - Invalids and Social Affairs without the consent of the disabled people after providing full information about such work.
Thus, employing disabled people with reduced labor capacity from 51% or more for overtime work without their consent is strictly prohibited by law.
What are the penalties for requesting disabled people to work overtime without their consent in Vietnam?
According to Article 30 of Decree 12/2022/ND-CP:
Violations regarding elderly workers, disabled people
1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed per employee for employers committing any of the following acts:
a) Failing to consult disabled people when making decisions on issues related to their rights and interests;
b) Employing disabled people with reduced labor capacity from 51% or more, severe disabilities, or extremely severe disabilities for overtime work, night work, except with their consent.
2. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed on employers employing elderly workers for physically demanding, hazardous, dangerous, or particularly arduous, hazardous, or dangerous work affecting their health, except in cases ensuring safe working conditions.
Thus, as per the regulation, administrative penalties for employers are as follows:
- An administrative fine from VND 5,000,000 to VND 10,000,000 for employing disabled people with reduced labor capacity from 51% or more for overtime work without their consent.
This fine applies to individuals; if the employer is an organization, the fine will be double that for individuals.
LawNet
