Things an employer can’t do towards employees - Những việc người sử dụng lao động không được làm với người lao động

The Decree No. 95/2013/ND-CP amended by the Decree No. 88/2015/ND-CP regulates rates of administrative violations arising from labor, social insurance and sending Vietnamese workers abroad under employment contracts.  The Decree prescribes acts that employers cannot perform towards employees. If they are in breach of such prohibitory regulation, they must be subject to administrative fines according to the nature of their violation.

Below is the summary chart of common violations arising in the labor sector that employers may commit. Let's have a look! The chart is organized in a way that each violation is parallel with the rate of administrative fine

Act	Rate of administrative fine
Things an employer can’t do About employment services.
notifying its employment service operation in violation of the law.	Warnings or fines of from VND 500,000 to VND 1,000,000
Overcharging for employment services.	A fine of from VND 1,000,000 to VND 3,000,000
providing false or confusing information about job positions.	A fine of from VND 5,000,000 to VND 10,000,000
Not holding an employment service license issued by a competent authority or using an expired employment service license	A fine of from VND 45,000,000 to VND 60,000,000
About recruitment and management of workers
- Failure to publicly announce the labor demand, failure to announce the labor demand at least 5 working days before receiving workers’ applications, or failure to make an announcement that contain sufficient information as prescribed by law; - Failure to publicly announce the recruitment result or failure to announce the recruitment result within 05 working days from the day on which the result is available.	A fine of from VND 1,000,000 to VND 3,000,000
- Collecting money from applicants; - Failure to make a labor management book; failure to make a labor management book on schedule or that contains sufficient information as prescribed by law, etc.	A fine of from VND 1,000,000 to VND 3,000,000
Committing acts of discrimination by gender, skin color, social class, marital status, belief, religion, HIV infection, impairment in recruitment, employment, and worker management.	A fine of from VND 5,000,000 to VND 10,000,000
Legal bases: Clause 2 Article 1 of the Decree No. 88/2015/ND-CP.
About regulations on probation
- Requiring workers who work under casual labor contracts to undergo probation; - Failing to notify work results of workers who underwent probation as prescribed by law.	A fine of from VND 500,000 to VND 1,000,000
- Requiring workers to undergo more than one probation period for one job; - Requiring workers to undergo probation longer than permissible; - Paying employees undergoing probation less than 85% of the wage of the job; - Failure to conclude employment contracts with workers who keep working after the probation period.	A fine of from VND 2,000,000 to VND 5,000,000
Legal bases: Clause 5 Article 1 of the Decree No. 88/2015/ND-CP.
About conclusion of employment contracts
- Keeping original copies of workers’ ID papers and/or qualifications; - Requiring workers to put up money or other property as guarantee for performance of employment contracts; - Concluding employment contract with workers aged from 15 to under 18 without written consents of their legal representatives.	A fine of from VND 20,000,000 to VND 25,000,000
Failure to conclude written employment contracts for works with duration longer than 03 months; Failure to conclude the right type of employment contracts; Failure to conclude employment contracts that contain sufficient information; concluding employment contracts with directors of state-funded enterprises against the law.	- From VND 1,000,000 to VND 2,000,000 if the violation involves 01 – 10 workers; - From VND 2,000,000 to VND 5,000,000 if the violation involves 11 – 50 workers; - From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 workers; - From VND 10,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers; - From VND 15,000,000 to VND 20,000,000 if the violation involves 301 or more workers.
Legal bases: Clause 4 Article 1 of the Decree No. 88/2015/ND-CP.
About revision and termination of employment contracts
Revising the employment contract duration more than once with appendices or revising the employment contract duration with appendices that change the type of the concluded employment contract; Failure to pay benefits to the worker on schedule when terminating the employment contract; Failure to pay or pay sufficient severance pay, redundancy pay to the worker as prescribed by law; failure to pay or pay sufficient compensation when unilaterally terminating the employment contract against the law; Failure to complete procedures for confirming and returning other documents to the worker after employment contract is terminated	- From VND 1,000,000 to VND 2,000,000 if the violation involves 01 – 10 workers; - From VND 2,000,000 to VND 5,000,000 if the violation involves 11 – 50 workers; - From VND 5,000,000 to VND 10,000,000 if the violation involves 51 – 100 workers; - From VND 10,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers; - From VND 15,000,000 to VND 20,000,000 if the violation involves 301 or more workers.
- Laying off 02 workers or more without discussing with the internal representative organization of workers or without notifying the provincial labor authority at least 30 days in advance in case of restructuring, technological change, or financial reasons; - Failure to make an employment plan as prescribed by law.	A fine of from VND 5,000,000 to VND 10,000,000
Legal basis: clause 7 of the Decree No.88/2015/ND-CP.
About wages and salaries
Failing to send the pay scale, payroll, and labor norms to the labor authority of the district as prescribed.	Warnings or fines of from VND 500,000 to VND 1,000,000
Failure to make the pay scale, payroll, labor norms, or failure to make the pay scale, payroll, labor norms properly as prescribed by law; Using the improper pay scale, payroll, or labor norms after the labor authority of the district has requested that they be revised; Failure to publish the pay scale, payroll, labor norms, or reward scheme at the workplace; Failure to inform workers of method of wage payment at least 10 days before the payment date.	A fine of from VND 2,000,000 to VND 5,000,000
Making overdue payments on wages and salaries; paying workers lower than the levels in the pay scale or payroll sent to the labor authority of the district; Failure to pay or failure to sufficiently pay for overtime work, night work, and wages for suspension period to workers as prescribed by law; Deducting workers’ wages against the law; Paying wages against the law when temporarily reassigning workers against their labor contracts, during the suspension period, strike period, or unused annual leave.	- From VND 5,000,000 to VND 10,000,000 if the violation involves 01 – 10 workers; - From VND 10,000,000 to VND 20,000,000 if the violation involves 11 – 50 workers; - From VND 20,000,000 to VND 30,000,000 if the violation involves 51 – 100 workers; - From VND 30,000,000 to VND 40,000,000 if the violation involves 101 – 300 workers; - From VND 40,000,000 to VND 50,000,000 if the violation involves 301 or more workers.
Paying workers less than the region-based minimum wages prescribed by the Government	- From VND 20,000,000 to VND 30,000,000 if the violation involves 01 – 10 workers; - From VND 30,000,000 to VND 50,000,000 if the violation involves 11 – 50 workers; - From VND 50,000,000 to VND 75,000,000 if the violation involves 51 or more workers.
Failing to pay an extra amount which equals to the amount of compulsory social insurance, compulsory health insurance, unemployment insurance, and annual leave allowances to workers who are not required to participate in compulsory social insurance, compulsory health insurance, unemployment insurance as prescribed by law.	- From VND 3,000,000 to VND 5,000,000 if the violation involves 01 – 10 workers; - From VND 5,000,000 to VND 8,000,000 if the violation involves 11 – 50 workers; - From VND 8,000,000 to VND 12,000,000 if the violation involves 51 – 100 workers; - From VND 12,000,000 to VND 15,000,000 if the violation involves 101 – 300 workers; - From VND 15,000,000 to VND 20,000,000 if the violation involves 301 or more workers.
Failure to allow workers to rest during working hours, between the shifts, leave work to handle personal affairs, or take unpaid leaves as prescribed; Failure to shorten working hours of works in the last year before their retirement as prescribed by law; Failure to send a written notification of overtime work from 200 to 300 hours in a year to the labor authority of the province.	A fine of from VND 2,000,000 to VND 5,000,000
Legal basis: clause 10 of the Decree No.88/2015/ND-CP.

Reading in Vietnamese: Những việc người sử dụng lao động không được làm với người lao động