Notes when using Vietnam disabled workers that businesses need to know? Can Vietnam disabled workers be required to work overtime?
What are the preferential policies applied to employees with disabilities?
Pursuant to the provisions of Article 158, Article 159, Article 160 of the 2019 Labor Code, the policies for people with disabilities are as follows:
"Article 158. State policies towards workers with disabilities
The State protects the labor rights and self-employment of workers with disabilities; adopt appropriate incentive and incentive policies for employers in creating jobs and accepting employees with disabilities to work in accordance with the law on people with disabilities.
"Article 159. Employing disabled people
1. Employers must ensure working conditions, working tools, occupational safety and health, and organize periodical health check-ups suitable for employees with disabilities."
2. Employers must consult employees who are disabled when deciding on issues related to their rights and interests."
"Article 160. Prohibited acts when employing disabled people
1. Employing employees who are mildly disabled with a working capacity decrease of 51% or more, severe or particularly severe disabilities, to work overtime or work at night, except for cases where the employees are People with disabilities agree.
2. Employing Vietnam disabled workers to do heavy, hazardous and dangerous jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs without the consent of the Vietnam disabled workers after when the employer has provided full information about that job."
Thus, the State's policies towards workers with disabilities are regulated as above.
Pursuant to the provisions of Clause 1, Article 21 of the Law on Occupational Safety and Health 2015 as follows:
"Article 21. Health examination and treatment of occupational diseases for employees
1. Every year, the employer must organize a health check-up at least once for the employee; for employees who do heavy, hazardous, dangerous or particularly arduous, hazardous or dangerous occupations, jobs, disabled employees, minor workers, elderly workers health check-up at least every 6 months.
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In addition, according to Article 63 of the 2015 Law on Occupational Safety and Health, the occupational safety and health regulations are as follows:
"Article 63. Occupational safety and hygiene for female employees, minor employees and employees with disabilities
The regulations on occupational safety and health for female employees, minor employees and employees with disabilities shall comply with the provisions of the Labor Code, the Law on Persons with Disabilities and this Law."
Thus, the policies applicable to employees with Vietnam disabled workers are specified as above.
Notes when using Vietnam disabled workers thatbusinesses need to know? Can Vietnam disabled workers be required to work overtime?
Penalties for violations when illegally employing Vietnam disabled workers?
Pursuant to the provisions of Article 31 of Decree 12/2022/ND-CP on sanctioning regulations on disabled employees as follows:
"Article 31. Violations against regulations on elderly workers and disabled people
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed upon each employee against the employer committing one of the following acts:
a) Failing to consult employees who are disabled when deciding on issues related to their rights and interests;
b) Employing an employee who is a mildly disabled person with a working capacity loss of 51% or more or with a severe or particularly severe disability to work overtime or work at night, unless the employee is a People with disabilities agree.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on employers that employ elderly employees to do heavy, hazardous, dangerous or particularly heavy jobs, harmful, dangerous effects that adversely affect the health of elderly employees, except in the case of ensuring safe working conditions."
Thus, penalties for violations on employment of Vietnam disabled workers are specified above. In case workers with disabilities do not agree, enterprises must not ask them to work overtime or work at night.
What behaviors will be prohibited in the labor field?
Pursuant to the provisions of Article 8 of the Labor Code 2019 stipulates that the prohibited acts are as follows:
"Article 8. Prohibited acts in the field of labor
1. Discrimination in labor.
2. Mistreatment of employees, forced labor.
3. Sexual harassment in the workplace.
4. Taking advantage of the name of vocational training or apprenticeship to make profit, exploit the labor force or entice, seduce or force apprentices or apprentices to engage in illegal activities.
5. Employing untrained laborers or having no national vocational skill certificates for occupations and jobs requiring trained workers or having national certificates of vocational skills.
6. Enticing, enticing, promising, false advertising or other tricks to deceive employees or to recruit employees for the purpose of human trafficking, exploitation, forced labor or taking advantage of services employment cases, activities of sending workers to work abroad under contracts to commit illegal acts.
7. Illegally employing underage workers.
Thus, the above cases will be strictly prohibited in the labor field. And workers with disabilities will be protected through the above regulation.
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