What is forced labor according to the law in Vietnam? How many days in advance does an employee who unilaterally terminates the employment contract due to forced labor need to notify in Vietnam?
What is forced labor according to the law in Vietnam? How many days in advance does an employee who unilaterally terminates the employment contract due to forced labor need to notify in Vietnam? What are regulations on criminal responsibilities for forced labor in Vietnam?
What is forced labor according to the law in Vietnam?
Pursuant to Clause 7 Article 3 of the Labor Code in 2019:
Definitions
For the purposes of this document, the terms below shall be construed as follows:
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7. “forced labor” means to the use force or threat to use force or a similar practice to force a person to work against his/her will.
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Pursuant to Article 8 of the Labor Code in 2019:
Forbidden actions
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 regulated above, forced labor is a prohibited act regarding labor, which includes the use force or threat to use force or a similar practice to force a person to work against his/her will.
Forced labor is a prohiibited act according to the law in Vietnam.
What is forced labor according to the law in Vietnam? How many days in advance does an employee who unilaterally terminates the employment contract due to forced labor need to notify in Vietnam? - image from internet
How many days in advance does an employee who unilaterally terminates the employment contract due to forced labor need to notify in Vietnam?
Pursuant to Clause 2 Article 35 of the Labor Code in 2019 stipulating the right of an employee to unilaterally terminates the employment contract:
The right of an employee to unilaterally terminates the employment contract
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2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the employment contract, except for the cases specified in Article 29 of this Labor Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties; or
g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this Labor Code in a manner that affects the performance of the employment contract.
As regulated above, employees, who are forced to work against his/her will, shall have the right to unilaterally terminate the employment contract without prior notice.
What are regulations on criminal responsibilities for forced labor in Vietnam?
Pursuant to Article 297 of the Criminal Code in 2015 (amended by Clause 99 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating coercive labor:
Coercive labor
1. Any person who uses violence or threat of violence or other methods to force a person to work against his/her will in any of the following circumstances shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender incurred an administrative penalty or has an unspent conviction for the same offence ;
b) The offence causes 31% - 60% WPI for another person;
c) The offence causes a total WPI of 31% - 60% for more than one person.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed against a person under 16, a women whose pregnancy is known by the offender, an old and weak person, a person suffering for severe or extremely severe physical disability;
c) The offence results in the death of a person;
d) The offence causes ≥ 61% WPI for another person;
dd) The offence causes a total WPI of 61% - 121% for more than one person;
e) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 05 - 12 years' imprisonment:
a) The offence results in the death of more than one person;
b) The offence causes a total WPI of ≥ 122% for more than one person.
4. The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
As regulated above, following acts are subject criminal prosecution for forced labor in Vietnam:
- The offender incurred an administrative penalty or has an unspent conviction for the same offence;
- The offence causes over 31% WPI for another person;
- The offence causes a total WPI of over 31% for more than one person;
The offender shall face a penalty of up to 03 years' community sentence or 06 - 144 months' imprisonment.
The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
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