What are regulations on labor discrimination in Vietnam? Is there any fine for labor discrimination in Vietnam?
What are regulations on labor discrimination in Vietnam? Is there any fine for labor discrimination in Vietnam?
I applied for a job at a company. However, they refused my application because I was from an ethnic minority. I want to know if this is an act of labor discrimination. Does the law prohibit this? What are the fines for this act?
What are regulations on labor discrimination in Vietnam?
Pursuant to Clause 8 Article 3 of the Labor Code in 2019, labor discrimination means discrimination on the grounds of race, skin color, nationality, ethnicity, gender, age, pregnancy, marital status, religion, opinion, disability, family responsibility, HIV infection, establishment of or participation in trade union or internal employee organization in a manner that affects the equality of opportunity of employment.
As regulations above, the act of that company is considered the act of labor discrimination.
Does the law in Vietnam prohibit labor discrimination?
Pursuant to Article 8 of the Labor Code in 2019 stipulating forbidden actions in labor in Vietnam as follows:
1. Labor discrimination.
2. Maltreatment of employees, forced labor.
3. Sexual harassment in the workplace.
4. Taking advantage of occupational training or apprenticeships to exploit the trainees or apprentices, or persuade or force them to act against the law.
5. Employing untrained people or people without occupational training certificates to do the jobs or works that have to be done by trained workers or holders of occupational training certificates.
6. Persuading, inciting, promising advertising or otherwise tricking employees into human trafficking, exploitation of labor or forced labor; taking advantage of employment brokerage or guest worker program to commit violations against the law.
7. Illegal employment of minors.
As regulations above, the law in Vietnam prohibits labor discrimination.
What are the fines for labor discrimination in Vietnam?
Pursuant to Clause 2 Article 7 of the Decree 28/2020/NĐ-CP stipulating as follows:
A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for discrimination on the grounds of sex, age, race, skin color, social class, marital status, belief, religion, HIV infection or disability.
As regulations above, any company in Vietnam committing labor discrimination shall be fined from VND 5,000,000 to VND 10,000,000.
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