What are the penalties for inciting others to choose jobs according to gender stereotypes in Vietnam? What are the violations of gender equality at work?
What is a gender stereotype?
The concept of gender stereotype is defined in Clause 4, Article 5 of the Law on Gender Equality 2006 as follows:
Interpretation of terms
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4. Gender stereotype is negative and partial attitude, acknowledgement and assessment of the characteristics, position, role and capacity of man or woman.
Accordingly, Gender stereotype is negative and partial attitude, acknowledgement and assessment of the characteristics, position, role and capacity of man or woman.
Usually, gender stereotypes are negative judgments that are not consistent with the actual social situation and are always within a certain limit.
Some gender stereotypes are still prevalent today, such as:
- Husbands are expected to be the breadwinner and decide everything in the family;
- Men are expected to present themselves in public spheres, such as politics and business;
- Men are expected not to wear colorful clothes or be fashionable;
- Women are expected to stay at home, taking care of the private sphere;...
Is it legal to incite others to choose jobs according to gender stereotypes in Vietnam? What are the violations of gender equality at work?
What are the penalties for inciting others to choose jobs according to gender stereotypes in Vietnam?
According to the provisions of Clause 1, Article 8 of Decree 125/2021/ND-CP, the act of inciting others to choose jobs according to gender stereotypes is considered an administrative violation in the field of gender equality related to labor. As follows:
Administrative violations in the field of gender equality related to labor
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1. A warning shall be imposed for acts of mobilizing or instigating others to choose jobs, workplaces and occupations according to gender stereotypes.
Thus, the act of inciting others to choose jobs according to gender stereotypes is subject to a warning.
Vietnam: What are the violations of gender equality at work?
According to the provisions of Clause 1, Article 8 of Decree 125/2021/ND-CP, Clause 2, Article 8 of Decree 125/2021/ND-CP, Clause 3, Article 8 of Decree 125/2021/ND-CP, Clause 4, Article 8 of Decree 125/2021/ND-CP, administrative violations in the field of gender equality related to labor include the following acts:
- Mobilizing and inciting others to choose jobs, workplaces and occupations according to gender stereotypes;
- Sexism in ensuring occupational safety and hygiene;
- Forcing or forbidding others to choose jobs, workplaces or occupations because of gender stereotypes;
- Sexism in job assignment leads to income disparity;
- Refusing to recruit or restrict employment of workers of a certain gender;
- Establishing and implementing sexist regulations;
- Acts of violating specific regulations on female employees and ensuring gender equality.
Thus, individuals and organizations that commit one of the following 08 acts will be considered violations in the field of gender equality related to labor and subject to certain forms of sanctions for their acts.
Vietnam: What are the penalties for administrative violations of gender equality at work?
Depending on the type of administrative act on gender equality at work, the individual will be subject to different fines.
Pursuant to Clause 1, Article 8 of Decree 125/2021/ND-CP, Clause 2, Article 8 of Decree 125/2021/ND-CP, Clause 3, Article 8 of Decree 125/2021/ND-CP, the sanctioning of acts of administrative violations of gender equality at work are as follows:
Administrative violations in the field of gender equality related to labor
1. A warning will be imposed for acts of mobilizing or instigating others to choose jobs, workplaces or occupations according to gender stereotypes.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a) Sexism in ensuring occupational safety and hygiene;
b) Forcing or forbidding others to choose jobs, workplaces or occupations because of gender stereotypes;
c) Sexism in job assignment leads to income disparity;
d) Refusing to recruit or restrict the employment of workers of a certain gender.
3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for making and implementing sexist regulations and regulations.
In addition, in Clause 4, Article 8 of Decree 125/2021/ND-CP, violations of specific regulations for female employees and ensuring gender equality will be sanctioned according to the Government's Decree No. The Government stipulates sanctions for administrative violations in the field of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.
It should be noted that the above fines are applied to individuals. For organizations that commit acts of gender equality related to labor mentioned above, the fine level is equal to 02 times the fine level for individuals.
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