The company that makes late wage payments to employees is fined up to 100 million VND
Can you tell me how much is the highest fine that can be applied for the company's behavior when making late wage payments to employees?
Based on Clause 2 Article 16 of Decree 28/2020/ND-CP regulating violations against regulations on wages and salaries as follows:
2. Imposing fines on employers that commit one of the following violations: Making late wage payments; failing to make payment or making underpayment of wages and salaries to employees in breach of labor contracts between employers and employees; failing to make payment or make underpayment of wages to employees working in arduous, hazardous or dangerous jobs, or extremely arduous, hazardous or dangerous jobs, or jobs requiring occupational training or education according to regulations of laws; paying wages at the level lower than the one prescribed in the pay scale and pay chart submitted to district-level labor authorities; failing to make payment or making underpayment of wages for overtime work, night-shift work or temporary work suspension to employees as prescribed by law; deducting wages or salaries of employees in breach of law provisions; making payment of wages to employees in breach of regulations in case of temporary transfer of employees to other jobs not agreed upon in labor contracts, during temporary work suspension or during strikes, or during the employee’s residual days-off; at the following rates:
a) A fine ranging from VND 5,000,000 to VND 10,000,000 to be imposed if the violation involves 01 – 10 employees;
b) A fine ranging from VND 10,000,000 to VND 20,000,000 to be imposed if the violation involves 11 – 50 employees;
c) A fine ranging from VND 20,000,000 to VND 30,000,000 to be imposed if the violation involves 51 – 100 employees;
d) A fine ranging from VND 30,000,000 to VND 40,000,000 to be imposed if the violation involves 101 – 300 employees;
dd) A fine ranging from VND 40,000,000 to VND 50,000,000 to be imposed if the violation involves 301 or more employees.
In addition, Clause 1 Article 5 of Decree 28/2020/ND-CP stipulates:
1. The fines imposed on violations specified in Chapter II, Chapter III and Chapter IV of this Decree are those imposed on individuals, except for the cases specified in Clauses 1 and 2, Article 6; Clauses 3, 4 and 6, Article 12; Clause 2, Article 24; Clause 1, Article 25; Clauses 1, 5, 6 and 7, Article 26; Clause 5, Article 40; Clauses 1, 2, 3, 4 and 5 of Article 41; Clauses 2 and 4 of Article 42; Clauses 1 and 2, Article 43; Clauses 1, 2 and 3 of Article 44; Clauses 1, 2, 3 and 4, Article 45 of this Decree The amount of monetary penalty imposed on violating entities shall be 02 times higher than that imposed on violating persons.
Therefore, in case a company makes late wage payments to employees, depending on the severity of the violation, it may be fined from 10 million VND to 100 million VND as prescribed.
Best Regards!
