How is the employment of individuals under the age of 13 regulated?

How is the employment of individuals under 13 years old regulated? (Illustrative image)

Draft Circular specifically regulates the employment of individuals under 13 years old. The conditions for employing individuals under 13 years old are as follows:

- Individuals under 13 years old must meet the following requirements: Voluntary participation in work, having health suitable for the job, and having the consent of their parents or guardians.- The employment of individuals under 13 years old must have written consent from the Department of Labor, Invalids and Social Affairs for each specific case.- Once permitted to employ individuals under 13 years old, the employer must fully comply with the regulations as stated in Article 5; Clauses 3, 4, 5 of Article 7; Article 8; Article 9; Article 10; Article 11, Article 12 of this Draft Circular.

Additionally, the application dossier for permission to employ individuals under 13 years old includes:

1. A written request to the Department of Labor, Invalids and Social Affairs for permission to employ individuals under 13 years old, according to Form No. 03 issued with this Circular.
2. Decision on the establishment of the organization.
3. Judicial record of the employer.
4. Registration certificate for operational activities (if available).
5. Draft employment contract.

Individuals under 13 years old must prepare the following documents:

- A copy of the birth certificate;- Health examination certificate;- Written consent from parents or guardians according to Form No. 04 issued with this Circular.

Note: Within 10 working days from the receipt of a complete application for permission to employ individuals under 13 years old, the Department of Labor, Invalids and Social Affairs shall evaluate the dossier and provide a written response to the employer regarding the approval or refusal allowing the employment of individuals under 13 years old; in case of refusal, the reason must be clearly stated according to Form No. 05 issued with this Circular.

For more details, refer to Draft Circular expected to take effect on January 01, 2021.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE