Salary Offered to Rehired Employees Lower than that of Employees with the Same Qualifications - What are the Consequences?

How should an enterprise leasing labor be sanctioned if it pays lower wages to leased workers than to workers of the same qualification? Please cite the latest legal basis. We look forward to receiving a response from the editorial board on the matter. Thank you.

According to the provisions of Clause 4, Article 12 of Decree 28/2020/ND-CP (Effective from April 15, 2020), the labor leasing enterprise engaging in the act of paying leased employees lower wages than those of employees of the same qualifications performing the same jobs or jobs of equivalent value at the labor leasing entity is regulated as follows:

a) From 10,000,000 VND to 20,000,000 VND for violations involving 01 to 10 employees;

b) From 20,000,000 VND to 40,000,000 VND for violations involving 11 to 50 employees;

c) From 40,000,000 VND to 60,000,000 VND for violations involving 51 to 100 employees;

d) From 60,000,000 VND to 80,000,000 VND for violations involving 101 to 300 employees;

e) From 80,000,000 VND to 100,000,000 VND for violations involving 301 employees or more.

Additionally, Point a Clause 7 of this Article provides for the following additional penalty:

Revocation of the labor leasing operation license for a period ranging from 01 month to 03 months for violations specified in points c, d, and e of Clause 4 of this Article.

Point a Clause 8 of this Article stipulates the remedial measures as follows:

The labor leasing enterprise is required to pay the wage difference to the employees for violations specified in Clause 4 of this Article.

For further information on this matter, you may refer to Decree 28/2020/ND-CP.

Sincerely!

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