The Regulation on sanctioning of administrative violations in the field of labor, social insurance, Vietnamese employees working abroad under contracts

Published on 21 - 01 - 2022
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On 17/1/2022, the Government issued the Decree No. 12/2022/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, and Vietnamese employees working abroad under contracts.

This Decree stipulates violations, sanctioning forms, sanctioning levels, sanctioned subjects, sanctioning competence, competence to make minutes, sanctioning procedures, enforcement of penalties, remedial measures in the field of labor, social insurance and Vietnamese employees working abroad under contracts.

Specifically, a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on the employer when committing one of the following acts: Infringing upon the health, honor, life, reputation or dignity of the employees when handling discipline but not to the extent of criminal prosecution; using the form of fine or salary cut instead of handling labor discipline; handling labor discipline for employees who commit violations that are not specified in the labor regulations or not agreed upon in the signed labor contracts or not provided by the labor law; applying many forms of labor discipline for a violation of labor discipline; handling labor discipline for employees who are in the following period: sick leave; nursing leave; leave with the consent of the employer; detention; waiting for the results of the competent agency to investigate, verify and draw conclusions for the violations as specified in Clauses 1 and 2, Article 125 of the Labor Code.

A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on the employer who commits one of the following acts: failing to make occupational accident statistics; failing to report periodically, completely, correctly or on time on occupational accidents or diseases; failing to report periodically, completely, correctly or on time on technical incidents that cause serious occupational health insecurity as prescribed by law.

A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on employers who fail to assess and classify labor according to working conditions for heavy, hazardous and dangerous occupations and jobs and especially arduous, hazardous and dangerous to implement the regimes for employees as specified in Clause 3, Article 22 of the Law on Occupational Safety and Health.

A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for continuing to use machines, equipment and supplies with strict requirements on occupational safety and sanitation which have been inspected but the inspection results are not qualified.

A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on an employer who commits one of the following acts: Employing a person aged from 13 to under 15 years old to do work outside the list permitted by law according to the provisions of Clause 3, Article 143 of the Labor Code; employing a person under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 145 of the Labor Code, or employing a person under the age of 13 to do the work permitted by law without the permission of the specialized labor agency under the People's Committee of the province; employing employees from full 15 years old to under 18 years old to do prohibited jobs or work at prohibited workplaces as specified in Article 147 of the Labor Code but not to the extent of criminal prosecution.

A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on employers who abuse, sexually harass, force labor, or use force against employees who are domestic helpers but not to the extent of criminal prosecution.

The employer fails to reach a written agreement with the leadership of the employee representative organization at the grassroots level when unilaterally terminating the labor contract, transferring to another job or disciplining the employee, who is a member of the representative organization of employees at the grassroots level, but not to the extent of criminal prosecution, if two parties cannot reach an agreement, a fine of between VND 10,000,000 and 20,000,000 will be imposed.

A fine of between 18% and 20% of the total amount of compulsory social insurance and unemployment insurance premium payment at the time of making the administrative violation record but not exceeding VND 75,000,000 for the employer failing to pay compulsory social insurance and unemployment insurance for all employees participating in compulsory social insurance and unemployment insurance but not to the extent of criminal prosecution.

A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on an occupational safety and health assessment organization that provides an assessment report on occupational safety and health and reduces the frequency of occupational accidents, which is not true.

In addition, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on employers that commit the acts of forging or falsifying the content of dossiers for social insurance and unemployment insurance benefits to take advantage of the social insurance and unemployment insurance benefits, but not to the extent of criminal prosecution for each fake or falsified application for social insurance and unemployment insurance benefits but not exceeding 75,000,000 VND maximum;...

This Decree takes effect from January 17, 2022.

The Decree No. 28/2020/ND-CP dated March 1, 2020 of the Government on sanctioning of administrative violations in the field of labor, social insurance, sending Vietnamese employees to work abroad under the contract shall cease to be effective from the effective date of this Decree.

 

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