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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To be specific, according to Decree 28, an employer shall be fined from 20,000,000 VND to 25,000,000 VND for any of the following acts:
a) Implementing normal working hours exceeding the hours prescribed by law;
b) Mobilizing employees to work overtime without their consent, except for cases as prescribed in Article 107 of the Labor Code.
Thus, according to the above regulation, if an employer requires an employee to work overtime without their consent, the employer will be fined from 20,000,000 VND to 25,000,000 VND if the employer is an individual, and from 40,000,000 VND to 50,000,000 VND if the employer is an organization, except for mobilizing employees for the following reasons:
- Implementing mobilization orders, ensuring national defense, and security tasks in emergency situations regarding national defense and security as prescribed by law;
- Performing tasks to protect human life, and properties of agencies, organizations, and individuals in preventing and remedying the consequences of natural disasters, fires, epidemics, and catastrophes.
This content has been stipulated previously in Decree 95/2013/ND-CP and is now reiterated in Decree 28/2020/ND-CP.
Additionally, Decree 28 also stipulates fines from 10,000,000 VND to 20,000,000 VND for individual employers and from 20,000,000 VND to 40,000,000 VND for organizational employers who violate the laws on weekly rest, annual leave, or holidays, such as not arranging rest days for employees, forcing employees to work on holidays, or not paying enough wages for employees working on rest days and holidays, etc. It can be seen that Decree 28 has significantly increased the maximum fines for violations regarding weekly rest, annual leave, or holidays as compared to the current regulations in Decree 95. Currently, the maximum fine is 15,000,000 VND for individual employers and 30,000,000 VND for organizational employers if violating with 301 employees or more. However, from April 15, 2020, the maximum fine will be 20,000,000 VND for individual employers and 40,000,000 VND for organizational employers, regardless of the number of employees violated.
Nguyen Trinh
