What are regulations on working hours of minor employees in Vietnam?
What are regulations on working hours of minor employees in Vietnam?
I'm employing some under-18-years-old people. I want to know regulations on working hours of these employees. Is it permissible to hiring minor employees in Vietnam to work in excess of the working hours?
Thank you!
What are regulations on working hours of minor employees in Vietnam?
Pursuant to Article 146 of the Labor Code in 2019 stipulating regulations on working hours of minor employees in Vietnam as follows:
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.
As regulations above, you are only allowed to hire employees aged 15 to under 18 to work for 08 hours per day and 40 hours per week.
Is it permissible to hiring minor employees in Vietnam to work in excess of the working hours?
Pursuant to Clause 2 Article 29 of the Decree 12/2022/NĐ-CP, 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 parent 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.
As regulations above, you shall be fined from VND 20.000.000 to VND 25.000.000 if you hire minors to work in excess of the working hours.
Best regards!
