What is the fine for hiring persons aged 15 to under 18 to work in excess of the prescribed maximum number of working hours in Vietnam?
What is the maximum number of working hours per day for employees aged 15 to under 18 in Vietnam?
Under Article 146 of the Labor Code 2019:
Working hours of minors employees
1. The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week. Employers must not request minor employees to work overtime or at night.
2. The working hours of employees aged 15 to under 18 shall not exceed 08 hours per day and 40 hours per week. Employees aged 15 to under 18 may work overtime or at night in certain works and jobs listed by the Minister of Labor, War Invalids and Social Affairs.
Thus, according to the above regulations, thhe working hours of employees aged 15 to under 18 shall not exceed 08 hours per day.
What is the fine for hiring persons aged 15 to under 18 to work in excess of the prescribed maximum number of working hours in Vietnam?
What are the rules for the employment of minors in Vietnam?
Under Article 144 of the Labor Code 2019:
Rules for employment of minors
1. Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.
2. The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.
3. When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.
4. Employers shall enable minor employees to have educational and vocational training.
Thus, employers must ensure the following rules when employing minors:
- Assign jobs suitable to the health of the minors;
- Take care of their work, health and education in the course of their employment;
- Obtain the consent of the minor’s parents or guardians; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and present them upon request by competent state authorities;
- Enable minor employees to have educational and vocational training.
What is the fine for hiring persons aged 15 to under 18 to work in excess of the prescribed maximum number of working hours in Vietnam?
Under Clause 2, Article 29 of Decree 12/2022/ND-CP:
Violations against regulations on minor employees
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2. 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) Employing a minor employee without obtaining the consent of his/her par..ent or guardian;
b) Committing any of the following acts when employing a person under 15: failing to conclude a written employment contract with the employee and his/her legal representative; arranging the working hours in such a way that affects the employee’s study hours; failing to obtain a health certificate from an authorized health facility which certifies that the employee is fit for the work assigned; failing to provide periodic health check-ups for the employee at least once every 06 months; or failing to ensure that the working conditions, and OSH conditions are suitable for the employee’s age;
c) Hiring minors to work in excess of the working hours prescribed in Article 146 of the Labour Code;
d) Hiring persons under 15 to work overtime or at night;
dd) Hiring persons aged 15 to under 18 to work overtime or at night in certain works or jobs which are not permitted by laws.
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Note: The above penalties are for individuals. The fine for organizations is twice the amount applied to individuals.
Therefore, employers that hire persons aged 15 to under 18 to work beyond the prescribed maximum number of working hours will be fined from VND 20,000,000 to VND 25,000,000 (individual) and from VND 40,000,000 to VND 50,000,000 (organization).
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