Draft amendments to the Labor Code are still being solicited for feedback and are expected to take effect from January 1, 2021. Notably, the amendments include revisions and additions concerning the conditions for employing individuals under 15 years of age.
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To be specific, according to this Draft, when employing individuals under the age of 15, employers must adhere to the following regulations:
- Must sign a written labor contract with the legal representative and must obtain the consent of the individual under 15 years old. (The current regulation is that a written labor contract must be signed with the legal representative and the consent of individuals from 13 to under 15 years old is required).
- Arrange working hours that do not affect the study time of the individual under 15 years old;
- Must have a health certificate from an authorized medical facility verifying that the individual's health is suitable for the job and conduct periodic health check-ups at least once every 6 months when employing. (This is a new condition added in the Draft, according to which, from January 1, 2021, to employ individuals under 15, a health certificate confirming the suitability of the job is required and periodic health check-ups must be organized at least once every 6 months for the employed individuals under 15 years old).
- Ensure working conditions, occupational safety, and hygiene suitable for the age group.
At the same time, employers are only permitted to recruit and employ individuals from 13 to under 15 years old for light work as prescribed by the Minister of Labor, Invalids, and Social Affairs.
Note, employers are not allowed to recruit and employ individuals under 13 years old for work, except for artistic, physical, and sports activities that do not harm the physical, mental development, or personality of individuals under 13 years old, and must obtain the consent of the provincial-level state labor management agency.
Nguyen Trinh
