Forced labor involves the use of force, threats of force, or other methods to compel an employee to work against their will. So, how will this behavior be sanctioned?
Article table of contents
How will forced labor be penalized? (Illustrative photo)
Regarding this issue, the editorial board of THU KY LUAT would like to explain as follows:
According to the current legal regulations, depending on the nature and severity of the violation, individuals engaging in forced labor will be administratively penalized or subject to criminal prosecution.
1. Administrative Penalty
According to Clause 3, Article 10 of Decree 28/2020/ND-CP which regulates administrative penalties in the fields of labor, social insurance, and sending Vietnamese laborers to work abroad under contracts, starting from April 15, 2020, employers who engage in forced labor and mistreatment of workers, but not to the extent of criminal prosecution, will be fined from VND 50,000,000 to VND 75,000,000. To be specific::
Article 10. Violations of labor contract execution regulations
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3. A fine between VND 50,000,000 and VND 75,000,000 will be imposed on employers who engage in forced labor or mistreatment of workers that does not warrant criminal prosecution.
2. Criminal Prosecution
In cases where the employer's forced labor actions warrant criminal prosecution, the offender may be fined from VND 50,000,000 to VND 200,000,000, subjected to non-custodial reform for up to 3 years, or imprisonment from 6 months to 12 years.
To be specific:, Article 297 of the Criminal Code 2015 stipulates the crime of forced labor as follows:
- A fine between VND 50,000,000 and VND 200,000,000, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years in cases:
- Previously administratively penalized for this behavior or previously convicted for this crime, having not yet had their criminal record expunged and still violating;- Causing injury or harm to the health of one person with a body damage rate ranging from 31% to 60%;- Causing injury or harm to the health of two or more people with a total body damage rate ranging from 31% to 60%.
- Imprisonment from 2 years to 7 years in situations:
- Organized crimes;- Offenses against individuals under 16 years old, pregnant women, elderly, severely disabled, or extraordinarily severely disabled individuals;- Resulting in death;- Causing injury or harm to the health of one person with a body damage rate of 61% or more;- Causing injury or harm to the health of two or more people with a total body damage rate ranging from 61% to 121%;- Dangerous recidivism.
- Imprisonment from 5 years to 12 years in cases:
- Resulting in the death of two or more people;- Causing injury or harm to the health of two or more people with a total body damage rate of 122% or more.
Additionally, the offender may be subjected to supplementary penalties such as fines, bans from holding certain positions, bans from practicing certain professions or doing certain jobs from 1 year to 5 years.
Thuy Tram
