What is the form of minor worker employment record book in Vietnam? What are the responsibilities of employers when employing minors?
What is the form of minor worker employment record book in Vietnam?
Pursuant to the provisions of Form No. 06 in Appendix I issued together with Circular 09/2020/TT-BLDTBXH, stipulating the form of minor worker employment record book as follows:
Download the form of minor worker employment record book: Here
What is the form of minor worker employment record book in Vietnam? What are the responsibilities of employers when employing minors?
What are the rules for employing minors in Vietnam? What are the regulations on the working hours of minors?
Pursuant to the provisions of Article 143 of the Labor Code 2019 as follows:
Minor employees
1. A minor employee is an employee under 18 years of age.
2. A person aged 15 to under 18 must not be assigned any of the works or to any of the workplaces mentioned in Article 147 of this Labor Code.
3. A person aged 13 to under 15 may only do the light works on the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
4. A person under 13 may only do the works specified in Clause 3 Article 145 of this Labor Code.
Accordingly, a minor employee is an employee who is under 18 years of age.
Pursuant to the provisions of Article 144 of the Labor Code 2019 as follows:
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.
Accordingly, employers of minors must comply with the above principles.
At the same time, according to the provisions of Article 146 of the Labor Code 2019 as follows:
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.
According to the above regulations, the working time of minors is as follows:
- For persons under the age of 15, not more than 04 hours in a day and 20 hours in a week; no overtime, work at night.
- For people from full 15 years old to under 18 years old, not more than 08 hours in a day and 40 hours in a week.
Persons from full 15 years old to under 18 years old may work overtime or work at night in a number of occupations and jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
What are the responsibilities of employers when employing minors in Vietnam?
Pursuant to the provisions of Article 12 of Circular 09/2020/TT-BLDTBXH as follows:
Responsibilities of employers
1. Prepare a minor worker employment record book using Form No. 06 in Appendix I enclosed therewith and regularly update this book.
2. Respect and obtain opinions of minors on matters concerning their rights and interests.
3. Regularly inspect and supervise to ensure safety of minors in workplaces.
4. In case a minor's health condition is no longer suitable for work, notify the minor. If they are under 15 years old, their legal representative shall also be notified.
5. Fully comply with existing regulations of laws on child protection.
Accordingly, when employing employees, employers need to perform the responsibilities as prescribed above.
LawNet