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Employee rights to receive greater protection

Employers found guilty of failing to abide by labour laws could be fined from VND50-75 million, according to a draft decree.

Employers found guilty of failing to abide by labour laws could be fined from VND50-75 million (USD2,395-3,590), according to a draft decree.

Employee rights to receive greater protection - 1

Employers engaged in sexual harassment could be fined up to VND75 million 

Such fines would also be applied to those who take advantage of career training and probationary periods or coercing employees into illegal activities; child labour or illegal working abroad or sexual harassment.

Poor working conditions or sexual harassment of domestic help or assigning of domestic tasks not explicitly outlined in the staff’s labour contracts will be fined from VND5-10 million (USD240-USD479).

The draft regulation also stipulates several levels of fines for violating the employment rights of female employees, domestic staff and juveniles.

As a result, decisions on female employees and children at enterprises that were made without any discussion with their representatives would be subjected to a fine of from VND5-10 million (USD239.6-USD479.1).

A fine of from VND10-30 million (USD479.1-USD1.43 million) will be applied to job changes or lower payment for female employees following maternity leave.

In addition, the employer must ensure the previous job or arrange another job for such female employees with the same payment.

The same fine will be applied to employers who do not provide regular health checkups or abuse juvenile labour.

Enterprises that unilaterally terminate labour contracts with female employees due to marriage, pregnancy, maternal leave or childcare of infants less than one year old would face a fine of VND20-60 million (USD958-2,875).

Employers will face a fine of from VND20-40 million for refusing to hand back original copies of personal documents such as degrees and certificates.

They will be fined VND10-30 million for demanding collateral or deposits in return for a labour contract.

A fine of from VND2-10 million will be applied to employers who impose longer probation periods than stipulated.

Fines for employers who pay their employees less than 85% of their full wages during their probation will reach between VND10 million and VND30 million per person.

The regulation also stipulates different levels of fines for unilateral termination of labour contracts, uncompleted unemployment and overtime working allowances, banning employees from taking a rest breaks during working hours or forcing them to continue working during shift breaks, weekends and holidays. Such fines range from VND5-VND35 million per person.

Source: VnMedia, dtinews.vn
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