Sanctions against violations in job placement services, guest worker supply revised

From November 25, violations in the fields of job placement service, social insurance and guest worker supply will be subject to new fine levels.

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Under Government Decree No. 88 dated October 7, amending some articles of Decree No. 95/2013/ND-CP, on sanctioning of administrative violations in the aforesaid fields, a job placement service provider will be fined between VND 45 million and 60 million for having no license or using an expired license, and must return service charges to laborers.

In addition, it will have to pay VND 1-3 million for collecting charges higher than permitted, and will be fined VND 5-10 million for providing untruthful information about jobs to laborers.

For violations in labor contract signing, an enterprise is fined VND 20-25 million for keeping the original of the employee’s personal identification paper, degree or certificate; forcing the employee to deposit money or other assets as security for labor contract performance; or entering into a contract with an employee aged between 15 and 18 without a written agreement of his/her at-law representative.

Regarding internship, an employer will be fined VND 2-5 million for requesting an employee to take more than one internship for the same job; extending the internship duration the permitted one; or paying the intern a salary lower than 85 percent of the official salary for the job. For this violation, the employer is forced to pay full salary for the job to the employee.

Meanwhile, an enterprise providing labor outsourcing service may be fined up to VND 100 million if paying to an outsourced worker a wage lower than that payable to workers doing the same job, or providing outsourcing service without the worker’s consent.

The Decree also prescribes the sanctions for enterprises that violate regulations on employment of foreigners and supply of guest workers.

Source: vietnamlawmagazine.vn