Currently, following the innovation of the Labour Code 2019, the corresponding penalties for administrative violations against regulations on labour have also changed to conform to the regulations of the new Code. Accordingly, Decree 28/2020/ND-CP of the Government dated 01 March 2020 regulating the penalties for administrative violations against regulations on labour, social insurance, and supplying Vietnamese employees working overseas, takes into effect as from 15 April 2020 and shall replace Decree No. 95/2013/ND-CP as amended and supplemented by Decree No. 88/2015/ND-CP of the Government.
Specifically, some typical contents were changed as follows:
- The fine has increased in many regulations. For example, in case of failing to include the required content items in the labour contract, the employer may be imposed an administrative fine up to VND4,000,000 (corresponding for violation involving from 01 to 10 employees) and up to VND50,000,000 (corresponding for violation involving from 301 employees or more) instead of a fine of between VND4,000,000 and VND40,000,000 as previously prescribed.
- Enterprises are not required to submit salary scales or salary tables to a State administrative authority for labour.
- Annually, the Enterprise has to publicly expose information on employees’ payment of social insurance premiums provided by social insurance agencies.
Therefore, enterprises should update these regulations immediately to ensure the compliance with the labour laws while Decree 28/2020/ND-CP is issued and implemented. At the same time, it helps enterprises have an insight into the Labour Code 2019 which takes into effect as from 1 January 2020.
Please find “Compliance Health Check On Labour Law 2020” AT HERE for your consideration. The Compliance Health Check is designed to identify areas of labour laws where your company may be in breach of the Vietnamese regulations if not compliant with them. Please spend up to 60 minutes to answer the Yes / No questions for each questionnaire to consider your company’s operational compliance. In case of non-compliance with one of the contents according to the Compliance Health Check On Labour Law 2020, the Enterprise will promptly take actions to minimize risks if the State administrative authority for labour in the locality is likely to impose an administrative penalty in the labour sector.
In case, you have any questions or concerns regarding the above issues, please do not hesitate to contact us for advice and assistance.