Imposing Penalties on Enterprises in Vietnam for Not Signing Labor Contracts When Sending Employees Abroad

Illustration (source: internet)

Decree 28/2020/ND-CP stipulates fines ranging from VND 50,000,000 to VND 80,000,000 for enterprises, organizations in Vietnam sending employees to work abroad in cases of the following violations:

a) Failing to sign a contract with the employee as per regulations;

b) Failing to specify the costs payable by the employee in the contract as per regulations;

c) Failing to liquidate or improperly liquidating the contract for sending employees to work abroad;

d) The content of the contract for sending employees to work abroad, the employment contract, or the contract for sending employees to internships does not conform to the registered labor supply contract or the internship reception contract;

dd) The content of the contract for sending employees to work abroad between the bidding-winning enterprise, contractor, investment organization abroad, and the employee, or the employment contract does not conform to the report on sending Vietnamese employees to work abroad as per regulations.

In addition to fines, enterprises, and organizations in Vietnam sending employees to work abroad that commit the aforementioned violations will also be suspended from executing labor supply contracts for a period ranging from 01 to 03 months.

Moreover, the Decree also stipulates fines ranging from VND 20,000,000 to VND 40,000,000 for service enterprises in cases of the following violations:

- Failing to cooperate with local authorities in publicly announcing, and providing employees with adequate information about the number, selection criteria, and contract conditions as per regulations when selecting employees in the locality;

- Failing to commit to employees regarding the waiting time for departure after being selected to work abroad;

- Failing to directly select employees.

Full text of the regulations can be viewed at Decree 28/2020/ND-CP which took effect from April 15, 2020.

Thu Ba

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