Violations of Regulations on Organizing the Sending of Employees to Work Abroad: How Are They Handled?
According to the regulations in Article 46, Decree 28/2020/ND-CP, violations regarding the organization of sending workers abroad and managing workers overseas shall be dealt with as follows:
- Fines ranging from 20,000,000 VND to 40,000,000 VND for any of the following acts:
a) Failing to report the list of departing workers to the Vietnamese diplomatic missions, consulates abroad as stipulated;
b) Failing to cooperate with Vietnamese diplomatic missions, consulates abroad in managing and protecting the legitimate rights and interests of workers while working overseas.
- Fines ranging from 50,000,000 VND to 80,000,000 VND for any of the following acts:
a) Failing to organize management, protection of the legitimate rights and interests of workers sent abroad by the enterprise as regulated;
b) Failing to promptly resolve arising issues when workers die, have work-related accidents, suffer accidents, occupational diseases, are harmed in terms of life, health, dignity, honor, property, or resolve disputes related to workers.
- Fines ranging from 80,000,000 VND to 100,000,000 VND for any of the following acts:
a) Exploiting the activity of sending Vietnamese workers abroad to organize consulting, selection, training, and collecting money from workers;
b) Exploiting the activity of sending Vietnamese workers abroad to organize the sending of Vietnamese citizens abroad illegally;
c) Sending Vietnamese workers abroad without a license for providing services of sending Vietnamese workers abroad under contracts, not in cases where enterprises win bids, receive contracts to send workers abroad, or organizations/individuals investing abroad send workers abroad or enterprises sending workers abroad for advanced training;
d) Sending workers to work in areas, industries, occupations, and jobs that are banned or not permitted by the receiving country.
- Additional sanctions
Suspending the service enterprise's activity of sending workers abroad from 06 months to 12 months for violations stated in Clause 2, points a, b, d of Clause 3 of this Article.
- Remedial measures
a) Forced repatriation of workers as requested by the receiving country or by competent Vietnamese state agencies for violations stated in Clause 2, point d of Clause 3 of this Article;
b) Forced refund of the collected money from workers plus interest calculated at the highest non-term deposit interest rate of state commercial banks announced at the time of sanctioning for violations stated in point a of Clause 3 of this Article.
For more information on the issue, you can refer to Decree 28/2020/ND-CP.
Respectfully!
