In the Draft Report on the 3-Year Review of the Implementation of the Labor Code, the Ministry of Labor, Invalids and Social Affairs of Vietnam discussed and assessed certain provisions related to minor employees. Additionally, it proposed several beneficial regulations for minor employees.
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Labor Code stipulates that employers are only allowed to employ minors in jobs that are suitable for their health to ensure their physical, mental development, and character. Additionally, the principles and regulations are quite specific to ensure that minors work in a stable and appropriate environment, such as:
- Not employing minors in heavy, hazardous, dangerous jobs or workplaces, which negatively affect their character;
- Not employing minors in the production and business of alcohol, beer, tobacco, substances affecting the mind, and other addictive substances;
- Prohibiting the employment of children under 15 years in jobs such as carrying heavy objects beyond their physical capacity; producing, using, or transporting chemicals, gas, explosives; maintaining and repairing machinery; demolishing construction works...
Moreover, the working hours for minors must be strictly limited: From 15 to under 18 years old, no more than 08 hours per day and 40 hours per week; For those under 15 years, no more than 4 hours per day and 20 hours per week, and not to be used for overtime, night work. These regulations are highly regarded and considered positive by the Ministry of Labor, Invalids, and Social Affairs. However, there are still some existing drawbacks and inadequacies.
Currently, minors are still unaware of their rights when entering into labor relations. Typically, they do not understand the significance of signing labor contracts, most labor relationships are established orally, thus lacking any legal binding between the employer and the minor laborer. Even if contracts are signed, they might just sign without understanding the benefits they are entitled to, such as wages, bonuses, allowances, working policies, and rest periods. Consequently, violations of the law regarding the employment of minors are numerous and difficult to detect, making it hard to prove that minors are being exploited. Most establishments employing minors do not register their labor force with the local labor management authorities, posing difficulties in management and supervision.
Regarding the concept of labor from 15 to under 16 years old, the Law on the Protection, Care, and Education of Children defines this group as "child labor". However, Articles 163 and 164 of the Labor Code define it as "minor labor". Although referring to the same group, these two legal documents provide different definitions, indicating inconsistency in the legal application.
In response to the inadequacies in labor policy implementation and the need for stricter regulations, the Ministry of Labor, Invalids, and Social Affairs has proposed several recommendations in the Draft Summary Report, as follows:
- Proposing to add sanctions for cases where enterprises employ minors without signing labor contracts according to conformable standards and without reporting labor registration to local labor management authorities.
- Adjusting and unifying the relevant regulations to specifically define the labor relationship for the 15 to under 16 years age group.
- Article 163 Labor Code: Proposing amendments and supplements as follows: “1. Not employing minors in heavy, hazardous, dangerous jobs negatively affecting their physical and mental development, or in jobs, which negatively affect their character as listed by the Minister of Labor, Invalids, and Social Affairs based on Article 165 of this Code” to ensure clarity and conformity with Article 3 of Convention 138 and Paragraph 1 of Articles 162 and 165 of the Labor Code.
- Article 164 Labor Code: Proposing to add “Working hours for those under 15 years old should not exceed 4 hours per day and 20 hours per week, and not to be used for overtime, night work”.
- Article 165 Labor Code: Proposing to review the overlap in responsibilities of the Ministry in Paragraph 1 of Article 163 and this Article to issue documents of the appropriate authority, whether it be a "General List" or only a “supplementary list” according to Point g, Paragraph 1, and Point dd, Paragraph 2 of this Article.
