What Are the Principles for Employing 16-Year-Old Workers? Can a 16-Year-Old Worker Be Employed at a Construction Site in Vietnam?
Principles for Employing 16-Year-Old Workers: What Are the Regulations?
According to Clause 2, Article 143 of the Labor Code 2019, it is stipulated as follows:
Minors
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2. Persons from 15 to under 18 years of age are not allowed to perform jobs or work in places stipulated in Article 147 of this Code.
Based on Article 144 of the Labor Code 2019, the principles for employing Minors are stipulated as follows:
Principles for Employing Minors
1. Minors are only allowed to perform jobs suitable for their health to ensure the development of their physical strength, intellect, and personality.
2. Employers, when employing Minors, are responsible for taking care of workers in terms of labor conditions, health, and education during the labor process.
3. When employing Minors, employers must have the consent of the parent or guardian; maintain a separate tracking book, recording full names, date of birth, current job, and results of periodic health checks, and present it when requested by competent state agencies.
4. Employers must create opportunities for Minors to receive general education, vocational training, and improve their professional skills.
Hence, the principles for employing 16-year-old workers, specifically and Minors, in general, are regulated as mentioned above.
What Are the Principles for Employing 16-Year-Old Workers? Can a 16-Year-Old Worker Be Employed at a Construction Site in Vietnam? (Image from the Internet)
Can a 16-Year-Old Worker Be Employed at a Construction Site in Vietnam?
According to Article 147 of the Labor Code 2019 regarding the jobs and workplaces where the employment of workers aged 15 to under 18 is prohibited, the regulations are as follows:
Jobs and Workplaces Where the Employment of Workers Aged 15 to Under 18 Is Prohibited
1. It is prohibited to employ workers aged 15 to under 18 for the following jobs:
a) Carrying, lifting, or transporting heavy objects beyond the capacity of minors;
b) Producing, trading in alcohol, wine, beer, tobacco, or other substances that affect the mind or cause addiction;
c) Producing, using, or transporting chemicals, gas, or explosives;
d) Repairing and maintaining equipment or machinery;
đ) Demolishing construction works;
e) Smelting, casting, rolling, stamping, or welding metals;
g) Diving, offshore fishing;
h) Other jobs that harm the physical, intellectual, or personality development of minors.
2. It is prohibited to employ workers aged 15 to under 18 in the following places:
a) Underwater, underground, in caves, tunnels;
b) Construction sites;
c) Animal slaughtering facilities;
d) Casinos, bars, dance halls, karaoke rooms, hotels, guest houses, saunas, massage parlors; lottery business points, electronic game services;
dd) Other workplaces that harm the physical, intellectual, or personality development of minors.
3. The Minister of Labor, Invalids, and Social Affairs shall specify the list mentioned in point h of clause 1 and point đ of clause 2 of this Article.
Therefore, working on construction sites falls under the category of jobs and workplaces where workers aged 15 to under 18 are prohibited, and employers cannot employ 16-year-old workers for such jobs.
What Are the Penalties for Violating Regulations on Employing Minors in Vietnam?
According to the provisions in Article 29 of Decree 12/2022/ND-CP on violations of regulations regarding Minors, the stipulations are as follows:
Violations of Regulations Regarding Minors
1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on employers who fail to maintain or improperly maintain a separate tracking book recording the required information as stipulated in clause 3 of Article 144 of the Labor Code when employing Minors, or fail to present the book when requested by competent state agencies.
2. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on employers who commit one of the following acts:
a) Employing Minors without the consent of the parent or guardian;
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c) Employing Minors to work beyond the working hours stipulated in Article 146 of the Labor Code;
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dd) Employing workers aged 15 to under 18 for overtime or nighttime work in jobs not permitted by law.
3. A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on employers who commit one of the following acts:
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c) Employing workers aged 15 to under 18 for prohibited jobs or in prohibited workplaces as specified in Article 147 of the Labor Code but not to the extent of criminal liability.
Thus, according to the regulations, if an employer violates the rules regarding the employment of minors, the following administrative penalties will be imposed:
- An administrative fine ranging from VND 1,000,000 to VND 2,000,000 for violations as stipulated in clause 1, Article 29 of Decree 12/2022/ND-CP.
- An administrative fine ranging from VND 20,000,000 to VND 25,000,000 for violations as stipulated in clause 2, Article 29 of Decree 12/2022/ND-CP.
- An administrative fine ranging from VND 50,000,000 to VND 75,000,000 for violations as stipulated in clause 3, Article 29 of Decree 12/2022/ND-CP.
The fines mentioned above are applicable to individuals; organizations violating the regulations will be fined double.
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