Vietnam: How much is the administrative penalty imposed upon the employer who fails to give rest breaks during working hours in accordance with the law?
How long is the rest break for an employee working under normal working hours?
According to Article 109 of the 2019 Labor Code of Vietnam on rest breaks during working hours as follows:
Rest breaks during working hours
1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.
If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.
2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.
Thus, according to regulations, an employee who works for at least 06 hours per day under specified in Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.
- If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.
Vietnam: How much is the administrative penalty imposed upon the employer who fails to give rest breaks during working hours in accordance with the law? (Image from the Internet)
How much is the administrative penalty imposed upon the employer who fails to give rest breaks during working hours in accordance with the law?
According to Article 18 of Decree No. 12/2022/ND-CP, violations against regulations on working hours and rest periods are prescribed as follows:
Violations against regulations on working hours and rest periods
1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to grant personal leave or unpaid leave to employees in accordance with regulations of law;
b) Failing to send a written notification of organization of overtime working hours in excess of 200 hours to 300 hours in a year to the Department of Labour, War Invalids and Social Affairs of the province where such overtime works are performed and of the province where it is headquartered.
2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an employer for committing violations against regulations on weekly breaks or annual leave or public holidays.
3. 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) Applying normal working hours exceeding the working hours prescribed by law;
b) Mobilizing employees to work overtime without their consent, except for the cases specified in Article 108 of the Labour Code.
4. The following fines shall be imposed upon an employer for commission of one of the following violations: failing to give rest breaks during working hours or breaks between shifts to employees in accordance with regulations of law; mobilizing employees to work overtime in excess of overtime hours prescribed by law:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
c) A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;
d) A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;
dd) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.
Thus, according to the regulations, the employer failing to give rest breaks during working hours as prescribed by law, depending on the casr, may be administratively penalized as follows:
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed if the violation involves 01 - 10 employees;
- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the violation involves 11 - 50 employees;
- A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed if the violation involves 51 - 100 employees;
- A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed if the violation involves 101 - 300 employees;
- A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 301 employees or more.
The above fine shall be imposed upon organizations. The fines imposed upon an individual are 1/2 of those imposed upon an organization.
How many are the normal working hours in a day and a week?
Pursuant to Article 105 of the 2019 Labor Code of Vietnam on normal working hours in Vietnam as follows:
Normal working hours in Vietnam
1. Normal working hours shall not exceed 08 hours per day or 48 hours per week.
2. An employer has the right to determine the daily or weekly working hours and inform the employees accordingly. The daily working hours shall not exceed 10 hours per day and not exceed 48 hours per week where a weekly basis is applied.
The State encourages employers to apply 40-hour workweeks.
3. Employers shall limit the time of exposure to harmful elements in accordance with relevant National Technical Regulations and laws.
Thus, according to the above regulations, normal working hours shall not exceed 08 hours per day or 48 hours per week.
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