What conditions must be met when employing individuals under 15 years old?

Using individuals under 15 years old for work must meet what conditions? (Illustrative image)

Draft Circular stipulates conditions for individuals under 15 years old to work, conditions for employers, and conditions for recruitment and use as follows:

Conditions for individuals under 15 years old to work

- Voluntarily participating in work.- Having health suitable for the job as confirmed by a licensed medical facility operating according to the provisions of the Law on Medical Examination and Treatment and having sufficient conditions to conduct health examinations according to the regulations of the Ministry of Health.- Having knowledge and ability to work that align with the employer's needs.- With the consent of parents or guardians.

Conditions for employers

- Having knowledge of the rights and duties of children and measures to protect children at the workplace; respecting and listening to the opinions of children regarding issues related to the tasks they undertake.- Having a judicial record confirming no criminal record related to harming, abusing children.

Conditions for recruitment and use

- Only recruit and use individuals from 13 years to under 15 years old for work when they meet the requirements for individuals under 15 years old to work.- Only use individuals from 13 years to under 15 years old for light work according to the list of permissible tasks for individuals from 13 years to under 15 years old promulgated by the Minister of Labor, Invalids, and Social Affairs.- Recruitment must have the written consent of the parents or guardians of the individual under 15 years old; must establish a written labor contract with the individual under 15 years old and their parents or guardians.- Maintain a separate tracking log according to Form No. 01 issued with this Circular, recording full names, dates of birth, gender, nationality, permanent or temporary residence addresses, phone numbers (if any), the tasks currently performed, results of periodic health checks, results of vocational and cultural education. The full names, dates of birth of parents or guardians, nationality, permanent or temporary residence addresses, occupations, phone numbers (if any) and present the tracking log upon request from competent state agencies.- Develop regulations on protecting individuals under 15 years old at the workplace and fully disseminate these to individuals under 15 years old, managers, direct work or study guides, and related persons to ensure the safety of individuals under 15 years old; prevent, stop and handle acts of harm, violence, exploitation against individuals under 15 years old.

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

Ty Na

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