There are many important contents prescribed at the Decree No. 88/2015/ND-CP dated October 07, 2015 of the Government on amending a number of article of the Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract.
Firstly, the Decree prescribes clearly that a fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer that have 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; 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. And a fine of from VND 1,000,000 to VND 3,000,000 shall be imposed upon any employer for collecting money from applicants; and have 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; failure to record and update information about works on the labor management book when employment contracts take effect; failure to update information about changes on the labor management book.
And in the case that the employer have the act 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 shall be imposed.
What’s most important is that A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any employer that commits any of the following violations and multiplied by the number of workers when the employer has failure to pay sickness benefit, maternity benefit, health recovery benefit within 03 working days from the day on which satisfactory documents are received from the workers; and failure to pay occupational accident benefit or occupational disease benefit within 15 days from the day on which the payment decision is received from the social insurance agency. Within that, the previous fine for these acts were from VND 200,000 to VND 500,000.
The violations such as 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; deducting workers’ wages; paying wages against the law when temporarily reassigning workers against their labor contracts, during the suspension period, strike period, or unused annual leave shall be imposed upon any employer with the fines 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 and from VND 40,000,000 to VND 50,000,000 if the violation involves more than 300 workers.
This Decree takes effect on November 25, 2015.
Source: luatvietnam.vn
