Using employees under 15 years old in Vietnam to work at night, the company can be fined up to 50,000,000 VND?
Is it okay to use minor workers for work?
Pursuant to Article 143 of the Labor Code 2019 stipulates as follows:
“Article 143. Juvenile workers
1. Juvenile employees are employees who are under 18 years of age.
2. Persons between full 15 years of age and under 18 years of age may not do the work or work at the workplace specified in Article 147 of this Code.
3. People from full 13 years old to under 15 years old are only allowed to do light jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
4. Persons under the age of 13 may only do the jobs specified in Clause 3, Article 145 of this Code.”
Accordingly, employers can use minors to work. However, the use of juvenile workers must ensure compliance with the above provisions.
Using employees under 15 years old in Vietnam to work at night, the company can be fined up to 50,000,000 VND?
Is it okay to use minor workers only with the consent of parents or guardians?
Pursuant to Article 144 of the Labor Code 2019 stipulates as follows:
“Article 144. Principles of employment of minors”
1. Juvenile workers may only do jobs suitable for their health to ensure their physical, intellectual and personality development.
2. Employers, when employing minors, are responsible for taking care of the employees in terms of labor, health, and learning during the working process.
3. When employing minor employees, the employer must obtain the consent of his/her father, mother or guardian; make a separate monitoring book, record full name, date of birth, current job, results of periodical health checks and present it at the request of a competent state agency.
4. Employers must create opportunities for juvenile employees to study culture, vocational education, training, retraining and improve vocational skills.
Thus, when employing a minor employee, the employer is required to comply with the above-mentioned principles. Accordingly, minor employees may only be employed with the consent of their parents or guardians.
Is there a right to employ underage workers to work at night?
Pursuant to Article 29 of Decree 12/2022/ND-CP stipulating as follows:
“Article 29. Violations against regulations on juvenile labor
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed on the employer who fails to keep a separate monitoring book or has a separate monitoring book but fails to fully record the contents as prescribed in Clause 3 Article 144 of the Labor Code when employing underage workers or failing to present a monitoring book at the request of a competent state agency.
2. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on the employer who commits one of the following acts:
a) Employing a minor without the consent of the minor's father, mother or guardian;
b) Employing a person under the age of 15 to work that: concludes an unwritten labor contract with a person under 15 years of age and his/her legal representative; arrange working hours that affect the study time of people under the age of 15; failing to have a medical examination certificate issued by a competent medical examination and treatment facility certifying that the health of the under-15-year-old is suitable for the job; failing to organize periodical health checks at least once in 06 months or failing to ensure working conditions, occupational safety and hygiene suitable to age;
c) Employing underage employees to work beyond the working hours specified in Article 146 of the Labor Code;
d) Employing people under the age of 15 to work overtime or work at night;
dd) Employing people from full 15 years old to under 18 years old to work overtime or work at night in occupations or jobs not permitted by law.
3. A fine of between VND 50,000,000 and 75,000,000 shall be imposed on the employer who commits one of the following acts:
a) Employing people from 13 years old to under 15 years old to do jobs outside the list permitted by law as prescribed in Clause 3, Article 143 of the Labor Code;
b) Employing a person under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 145 of the Labor Code, or employing a person under the age of 13 to do the work permitted by law. have not been approved by the specialized labor agency under the provincial People's Committee;
c) Employing employees from full 15 years old to under 18 years old to do prohibited jobs or work at prohibited workplaces specified in Article 147 of the Labor Code but not to the extent of criminal prosecution. the thing.”
Thus, the employer who violates the regulations on juvenile workers will base on each violation to determine the level of administrative sanction according to the above provisions.
In particular, the act of using employees under 15 years old in Vietnam to work at night will be administratively sanctioned from 20 million to 25 million dong. Accordingly, the employer will not be allowed to employ people under the age of 15 to work at night.
Note: The level of administrative sanction as prescribed above only applies to individuals committing administrative violations. In case of violations by organizations, the administrative sanction will be double that of individuals.
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