This is one of the notable contents of Decree 28/2020/ND-CP stipulating the administrative sanctions in the fields of labor, social insurance, and sending Vietnamese workers abroad under a contract, effective from April 15, 2020.
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This Decree stipulates a fine ranging from VND 10,000,000 to VND 20,000,000 for employers who are individuals and from VND 20,000,000 to VND 40,000,000 if the employer is an organization, for acts violating the law regarding weekly rest days or annual leave or public holidays such as not arranging rest days for employees, forcing employees to work on holidays, or not paying full wages if employees work on these days. To be specific::
Article 17. Violations on working hours and rest periods
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2. A fine ranging from VND 10,000,000 to VND 20,000,000 for employers who violate laws on weekly rest days, annual leave, or public holidays.
Currently, Decree 95/2013/ND-CP stipulates the following fine levels for such violations:
- From VND 500,000 to VND 1,000,000 for violations concerning 01 to 10 employees;
- From VND 1,000,000 to VND 3,000,000 for violations concerning 11 to 50 employees;
- From VND 3,000,000 to VND 7,000,000 for violations concerning 51 to 100 employees;
- From VND 7,000,000 to VND 10,000,000 for violations concerning 101 to 300 employees;
- From VND 10,000,000 to VND 15,000,000 for violations concerning 301 or more employees.
Thus, it can be seen that Decree 28 has significantly increased the maximum fine levels for violations concerning weekly rest days or annual leave or public holidays compared to current regulations in Decree 95. Currently, the maximum fine is VND 15,000,000 for employers who are individuals and VND 30,000,000 for employers who are organizations if violations concern 301 or more employees, whereas from April 15, 2020, this maximum fine will be VND 20,000,000 for employers who are individuals and VND 40,000,000 for employers who are organizations regardless of the number of employees.
In addition, Decree 28 also raises the maximum fine for employers who force employees to work overtime exceeding the hours specified in point b clause 2 Article 106 of the Labor Code or beyond 12 hours in a day when working on public holidays, Tet holidays, and weekly rest days. The fine levels are as follows:
- From VND 5,000,000 to VND 10,000,000 for violations concerning 01 to 10 employees;
- From VND 10,000,000 to VND 20,000,000 for violations concerning 11 to 50 employees;
- From VND 20,000,000 to VND 40,000,000 for violations concerning 51 to 100 employees;
- From VND 40,000,000 to VND 60,000,000 for violations concerning 101 to 300 employees;
- From VND 60,000,000 to VND 75,000,000 for violations concerning 301 or more employees.
Currently, such violations are subject to fines ranging from VND 25,000,000 to VND 50,000,000.
See more content of Decree 28/2020/ND-CP HERE.
Nguyen Trinh
