Regulations on the employment of minor employees in Vietnam under the Labor Code

Regulations on the employment of minor employees in Vietnam under the Labor Code (Internet image) 

1. Minor employees in Vietnam

In Article 143 of the Labor Code 2019, minor employees are as follows:

- A minor employee is an employee under 18 years of age.

- A person aged 15 to under 18 must not be assigned any of the works or to any of the workplaces mentioned in Article 147 of Labor Code 2019.

- A person aged 13 to under 15 may only do the light works on the list promulgated by the Minister of Labor, War Invalids and Social Affairs.

- A person under 13 may only do the works specified in Clause 3 Article 145 of Labor Code 2019.

2. Rules for employment of minors in Vietnam

Article 144 of the Labor Code 2019 stipulates the rules for employment of minors as follows:

- Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.

- The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.

- When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.

- Employers shall enable minor employees to have educational and vocational training.

3. Employment of employees under 15 in Vietnam

Article 145 of the Labor Code 2019 stipulates the employment of employees under 15 as follows:

- When employing a person under 15, the employer shall:

+ Conclude a written contract with the employee and his/her legal representative;

+ Arrange the working hours so as not to affect the employee’s study hours;

+ Obtain the health certificate from a competent health facility which certifies that the employee’s health is suitable for the work assigned, and provide periodic health check-up for the employee at least once every 06 months;

+ Ensure that the working conditions, occupational safety and health are suitable for the employee’s age;

- An employer is only entitled to assign employees aged 13 to under 15 to do the light works specified in Clause 3 Article 143 of Labor Code 2019.

- Employers must not hire people under 13 to do works other than sports and arts, provided they do not affect their development of their physical health, mental health and personality, and the employment is accepted by the provincial labor authority.

4. Working hours of minors employees in Vietnam

Article 146 of the Labor Code 2019 stipulates working hours of minors employees as follows:

-  The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week.

Employers must not request minor employees to work overtime or at night.

- The working hours of employees aged 15 to under 18 shall not exceed 08 hours per day and 40 hours per week.

Employees aged 15 to under 18 may work overtime or at night in certain works and jobs listed by the Minister of Labor, War Invalids and Social Affairs.

Ngoc Nhi

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