Hello Lawyer, Can you tell me about the illegal use of employees under the age of 14? I would like to sincerely thank the lawyer who answered for me.
Thank you for sending us your question. In Vietnam, it is quite common for shops, restaurants, and business establishments to employ workers under the age of 14. So the question is, according to the law, is it illegal to use workers under 14 years old in Vietnam? And how is the sanction of illegal use of employees under 14 years old?
To answer the question of whether it is illegal to use workers under the age of 14? LuatsuX invites you to refer to our article below.
Legal grounds
- Labor Code 2019
- Circular 09/2020/TT-BLDTBXH
- Decree 12/2022/ND-CP
What is the working age in Vietnam?
According to the provisions of Clause 1, Article 3 of the Labor Code 2019 as follows:
– An employee is a person who works for an employer under an agreement, is paid a salary and is subject to the management, administration and supervision of the employer.
The minimum working age of employees is full 15 years, except for the case specified in Section 1, Chapter XI of the Labor Code.
According to the provisions of Article 143 of the Labor Code 2019, the minor employees are as follows:
Juvenile employees are employees who are under 18 years old.
Persons from full 15 years old to under 18 years old are not allowed to do jobs or work at workplaces specified in Article 147 of the Labor Code.
– Persons from full 13 years old to less than 15 years old are only allowed to do light jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
Persons under the age of 13 may only do the jobs specified in Clause 3, Article 145 of this Code.
Is it illegal to use employees under 14 years old?
According to the provisions of Clause 3, Article 143 of the Labor Code 2019, minor employees are as follows:
– Persons from full 13 years old to less than 15 years old are only allowed to do light jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
According to the provisions in Appendix II of Circular 09/2020/TT-BLDTBXH, stipulating the group of light jobs for employees from full 13 years old to under 15 years old as follows:
APPENDIX II
LIST OF SMALL JOBS FOR PEOPLE FROM 13 YEARS old TO UNDER 15 YEARS old can work (Issued together with the Circular No. 09/2020/TT-BLDTBXH dated November 12, 2020 of the Minister of Labor, War Invalids and Social Affairs. )
- Performing Arts.
- Sports athletes.
- Programming Software.
– Traditional occupations: dot ceramic glaze; shell saw; do paper making; making conical hats; dotted cones; weaving mats; empty; weaving; brocade embroidery; making rice vermicelli; making vermicelli; make bean sprouts; making rice paper; silk weaving; lotus thread; lacquer painting, incense making, votive making (except for the stages that use toxic chemicals such as paint, cleaning chemicals, chemicals used for coloring, chemicals to create scents, create curved freckles, etc.) .
– The handicrafts: embroidery lace; fine art carpentry; make horn combs; making folk paintings (Dong Ho paintings, Hang Trong paintings…); squeeze to he; making woodcut paintings, silk paintings; pick up seashells, scallops to mount on fine art paintings; grinding and polishing fine art paintings; beaded rosaries, polishing fine art jewelry; puppet making; making greeting cards from decorative art paper products on greeting cards; make paper model picture frames, paper boxes, paper bags.
– Knitting, making household items, handicrafts from natural materials such as rattan, bamboo, coco, coconut, banana, water hyacinth, jute, sedge, cinnamon, guot, dot, conical leaf.
– Wrapping spring rolls, wrapping candy, wrapping cakes (except for the operation or use of packaging machines, equipment and tools).
– Silkworm rearing.
– Weeding clean vegetable garden; harvest clean vegetables, tubers and fruits in season.
– Cattle grazing on the farm.
– Assist in removing fish nets, knitting fish nets, drying aquatic products.
– Thread cutting, buttoning, buttoning, packing in boxes of handmade textile products.
And according to the provisions of Article 145 of the Civil Code 2019, the employment of people under the age of 15 years is as follows:
Employers are not allowed to recruit and employ people under the age of 13 to work, except for art, physical training and sports jobs that do not harm physical, intellectual and personality development. under the age of 13 and must be approved by the specialized labor agency of the provincial People’s Committee.
Thus, through the above regulations, we know that the act of using employees under the age of 14 is not necessarily a violation of the law.
If your employer under the age of 14 meets the conditions of employment under the age of 15 as permitted by law, your employment will not violate the law.
If your employer does not meet the conditions for employing an employee under the age of 14, then your act of using an employee under the age of 14 is a violation of the law.
Penalties for illegal use of employees under 14 years old
According to the provisions of Article 29 of Decree 12/2022/ND-CP stipulating the sanctioning of violations of regulations on juvenile workers as follows:
– A fine of between VND 1,000,000 and 2,000,000 shall be imposed on the employer who fails to keep a separate monitoring book or has a separate monitoring book but fails to fully record the contents as prescribed in Clause 3 of this Article. 144 of the Labor Code when employing minors or failing to present a monitoring book when requested by a competent state agency.
– A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on the employer who commits one of the following acts:
Employing a minor without the consent of the minor’s father, mother or guardian;
Employing a person under the age of 15 to work that: concludes a non-written labor contract with a person under 15 years of age and his/her legal representative; arrange working hours that affect the study time of people under the age of 15; failing to have a medical examination certificate issued by a competent medical examination and treatment facility certifying that the health of the person under 15 years of age is suitable for the job; failing to organize periodical health checks at least once in 06 months or failing to ensure working conditions, occupational safety and hygiene suitable to age;
Employing underage employees to work beyond the working hours specified in Article 146 of the Labor Code;
Employing people under the age of 15 to work overtime or work at night;
Employing people from full 15 years old to under 18 years old to work overtime or work at night in occupations or jobs not permitted by law.
– A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on the employer who commits one of the following acts:
Employing people aged between 13 and under 15 years old to do jobs outside the list permitted by law as prescribed in Clause 3, Article 143 of the Labor Code;
Employing a person under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 145 of the Labor Code, or employing a person under the age of 13 to do work permitted by law without permission. consent of the specialized labor agency under the People’s Committee of the province;
Employing employees from full 15 years old to under 18 years old to do prohibited jobs or work at prohibited workplaces specified in Article 147 of the Labor Code but not to the extent of criminal prosecution.
Rights and obligations of workers under 14 years old in Vietnam
According to Article 5 of the Labor Code 2019, the rights and obligations of employees are as follows:
Employees have the following rights:
Work; freedom to choose jobs, workplaces, occupations, vocational training, and professional improvement; not be subjected to discrimination, forced labor, or sexual harassment at work;
To receive a salary suitable to vocational qualifications and skills on the basis of an agreement with the employer; have labor protection, work in conditions that ensure occupational safety and hygiene; leave according to the regime, take annual leave with salary and enjoy collective benefits;
To establish, join and operate in employee representative organizations, professional organizations and other organizations in accordance with law; request and participate in dialogues, implement democratic regulations, bargain collectively with employers and be consulted at the workplace to protect their legitimate rights and interests; participate in management according to the rules of the employer;
Refuse to work if there is a clear and direct threat to life and health in the course of performing the work;
Unilateral termination of labor contracts;
Strike;
Other rights as provided for by law.
Employees have the following obligations:
Implementation of labor contracts, collective labor agreements and other legal agreements;
Obey labor discipline and labor regulations; comply with the management, administration and supervision of the employer;
Comply with the provisions of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance and occupational safety and hygiene.
Related article:
- The term of the labor contract is in accordance with Vietnamese law
- Labor contract in accordance with Vietnamese law
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Frequently asked questions
Juvenile workers are only allowed to do jobs suitable for their health to ensure their physical, intellectual and personality development.
When employing minors, the employer is responsible for taking care of the employee in terms of labor, health, and learning during the working process.
– When employing minor employees, the employer must have the consent of the father, mother or guardian; make a separate monitoring book, record full name, date of birth, work being done, results of periodical health checks and present it at the request of a competent state agency.
Employers must create opportunities for juvenile employees to study culture, vocational education, training, retraining and improve vocational skills.
Working hours of people under 15 years old must not exceed 04 hours in a day and 20 hours in a week; no overtime, work at night.
Working hours of people from full 15 years old to under 18 years old must not exceed 08 hours in a day and 40 hours in a week. Persons from full 15 years old to under 18 years old may work overtime or work at night in a number of occupations and jobs according to the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
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