This continues to be one of the new contents added to Decree 28/2020/ND-CP on the sanctions for administrative violations in the fields of labor, social insurance, and sending Vietnamese workers abroad under contracts, which took effect from April 15, 2020, replacing Decree 95/2013/ND-CP.
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This Decree stipulates that employers who are individuals engaging in the act of employing persons under 15 years old for overtime work or night work will be fined from 10,000,000 VND to 15,000,000 VND. To be specific, Clause 2, Article 28 of Decree 28 stipulates the penalties for violations related to juvenile labor as follows:
Article 28. Violations of regulations on juvenile labor
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2. Fines ranging from 10,000,000 VND to 15,000,000 VND shall be imposed on employers who commit one of the following acts:
a) Employing persons aged from full 13 to under 15 without entering into a written labor contract with their legal representative or without the consent of persons aged from full 13 to under 15;
b) Employing juvenile labor beyond the working hours specified in Clause 2, Article 163 of the Labor Code;
c) Employing persons under 15 years old for overtime work or night work;
d) Employing persons aged from full 15 to under 18 for overtime work or night work, except for certain jobs and occupations permitted by law.
Hence, according to this regulation, from April 15, 2020, employers who engage in the act of employing persons under 15 years old for overtime work or night work will be fined from 10,000,000 VND to 15,000,000 VND if the employer is an individual and from 20,000,000 VND to 30,000,000 VND if the employer is an organization.
In addition, this Decree also stipulates fines ranging from 50,000,000 VND to 75,000,000 VND for employers who commit one of the following acts:
- Employing juvenile labor for heavy, hazardous, or dangerous work or workplaces, jobs affecting their personality as per the list issued by the Ministry of Labor, Invalids, and Social Affairs in cooperation with the Ministry of Health, or employing juvenile labor in prohibited jobs and workplaces as prescribed in Article 165 of the Labor Code but not to the extent of criminal prosecution;
- Employing persons from 13 years old to under 15 years old for jobs outside the list permitted by law as prescribed in Clause 1, Article 164 of the Labor Code;
- Employing persons under 13 years old for jobs outside the list permitted by law as prescribed in Clause 3, Article 164 of the Labor Code.
Refer to further related contents at Decree 28/2020/ND-CP, effective from April 15, 2020, replacing Decree 95/2013/ND-CP.
Nguyen Trinh
