What are the penalties for subleasing employees of their own accord without receiving any mutual consent from the employee in Vietnam?

What are the penalties for subleasing employees of their own accord without receiving any mutual consent from the employee in Vietnam?

According to the provisions of Clause 4, Article 12 of Decree 28/2020/ND-CP (Effective from April 15, 2020), enterprises subleasing employees of their own accord without receiving any mutual consent from the employee are subject to the following penalties:

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

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

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

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

dd) From 80,000,000 VND to 100,000,000 VND for violations involving 301 or more laborers.

Additionally, Point a, Clause 7 of this Article stipulates the supplementary penalty as follows:

Revocation of the labor leasing business license for a period of 01 month to 03 months for violations specified in points c, d, dd of Clause 4 of this Article;

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

The labor leasing enterprise must pay the wage difference to the laborers for the violations specified in Clause 4 of this Article;

For more information on this issue, you can refer to Decree 28/2020/ND-CP.

Sincerely!

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