Abusing domestic workers can be fined up to 75 million VND

January 20, 2022 10:33

The Government has just issued Decree No. 22/2022/ND-CP regulating administrative sanctions for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

In the field of labor, the Decree specifically stipulates the penalty for violations of regulations on labor as domestic workers.

Accordingly, a warning will be issued to an employer who commits one of the following acts: Failure to sign a written labor contract with a domestic worker; Failure to pay for travel expenses when a domestic worker leaves work and returns to his/her place of residence, except in cases where the domestic worker terminates the labor contract before the end of the term.

A fine of 1-3 million VND shall be imposed on an employer who commits one of the following acts: Failure to notify the People's Committee of the commune, ward or town of the employment or termination of employment of a domestic worker as prescribed.

A fine of 10-15 million VND shall be imposed on employers who commit one of the following acts: Keeping the identity papers of domestic workers; not paying domestic workers the social insurance and health insurance premiums as prescribed by law so that workers can proactively participate in social insurance and health insurance.

Employers who abuse, sexually harass, force labor, or use violence against domestic workers but do not warrant criminal prosecution will be fined from 50 to 75 million VND.

Using people under 15 years old to work overtime or at night will be fined up to 25 million VND.

The Decree also stipulates penalties for violations of regulations on child labor.

Specifically, a fine of 1-2 million VND will be imposed on employers who do not establish a separate monitoring book or establish a separate monitoring book but do not fully record the content as prescribed in Clause 3, Article 144 of the Labor Code when employing minors or do not present the monitoring book when requested by a competent state agency.

A fine of 20-25 million VND shall be imposed on an employer who commits one of the following acts: Using minors without the consent of the minor's parents or guardians. Using a person under 15 years of age to work by: signing an unwritten labor contract with a person under 15 years of age and his/her legal representative; arranging working hours that affect the study time of a person under 15 years of age; not having a health certificate from a competent medical examination and treatment facility confirming that the health of a person under 15 years of age is suitable for the job; not organizing periodic health checks at least once every 6 months or not ensuring working conditions, safety and occupational hygiene appropriate to the age.

Using minors to work beyond the working hours prescribed in Article 146 of the Labor Code. Using people under 15 years old to work overtime or at night. Using people from 15 years old to under 18 years old to work overtime or at night in occupations or jobs not permitted by law.

A fine of VND 50-75 million shall be imposed on employers who commit one of the following acts: Using people aged 13 to under 15 years old to do work outside the list permitted by law as prescribed in Clause 3, Article 143 of the Labor Code. Using people under 13 years old to do work outside the list permitted by law as prescribed in Clause 3, Article 145 of the Labor Code or using people under 13 years old to do work permitted by law without the consent of the specialized labor agency under the People's Committee of the province. Using employees aged 15 to under 18 years old to do prohibited work or work in prohibited workplaces as prescribed in Article 147 of the Labor Code but not to the extent of criminal prosecution.

According to VNA

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Abusing domestic workers can be fined up to 75 million VND