Notes on employing minors to work in Vietnam

The use of employees under the age of 18 is quite common nowadays in food service establishments, fashion stores, etc. So when using underage workers, do you need to pay attention to anything? Let’s find out with the labor law consulting room of Lawyer X.

Legal grounds:

Labor Code 2019.

Circular 09/2020/TT-BLDTBXH.

What is a juvenile worker?

Under the current law, a minor employee is an employee under the age of 18.

In addition, for minor employees, it is divided into employees from full 15 years old to under 18 years old; employees from full 13 years old to under 15 years old; employees under the age of 13.

Thus, each different age will be regulated by the law on what work can and cannot do?

Jobs that minors are allowed to do

Employees under the age of 15 include:

Firstly, for Employees under 13 years old:

Only people under the age of 13 are allowed to use art, physical training, and sports activities without harming the physical, intellectual and personality development of those under the age of 13 and must have consent. of the specialized labor agency under the provincial People’s Committee.

Second, for employees from full 13 years old:

• Performing arts.
• Sports athletes.
  Software programming.
• Traditional occupations: dotting ceramic glaze; shell saw; making paper; making conical hats; dot 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 stages that use toxic chemicals)
• The handicrafts: embroidery lace; fine art carpentry; make horn combs; making folk paintings; squeeze to he; making woodcut paintings, silk paintings; pick up seashells and 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; Making paper model picture frames, paper boxes, paper bags.
• Knitting, making household items, handicrafts from natural materials such as rattan, bamboo, cocoa, coconut, banana, water hyacinth, jute, sedge, cinnamon, got a dot, and conical leaf.
• Wrapping spring rolls, wrapped candy, wrapping cakes (except for operating or using packaging machines, equipment and tools).
• Raising silkworms.
• Weeding clean vegetable garden; Harvest clean seasonal vegetables, tubers, and fruits.
• Cattle grazing on the farm.
• Assist in removing fish nets, knitting fish nets, and drying aquatic products.
• Thread cutting, buttoning, buttoning, and packing of handmade woven products.

Employees from full 15 to under 18 years old

Minor employees from full 15 to under 18 can do the following jobs, except for the following jobs:

• Carrying, carrying, and lifting heavy objects that exceed the physical strength of juvenile workers;
• Producing and trading in alcohol, wine, beer, tobacco, psychoactive substances or other addictive substances;
• Producing, using or transporting chemicals, gases, and explosives;
• Maintain and maintain equipment and machinery;
• Demolition of construction works;
• Cooking, blowing, casting, rolling, stamping, welding metal;
• Diving, fishing, offshore seafood;
• Other jobs harm the physical, intellectual and personality development of the juvenile employee.

Entering into contracts with minor employees.

Pursuant to the provisions of Article 18 of the Labor Code 2019; In case of a contract with minor employees, the following regulations must be complied with:

• Case 1: In case of a contract with an employee from full 15 years old to under 18 years old, written consent of the legal representative of that person is required.
• Case 2: In the case of contracting with a person under the age of 15, then the signatory includes the employee and his/her legal representative.
  Accordingly, labor contracts that do not comply with the above provisions will considered invalid contracts.

Principles of using juvenile workers.

Article 144 of the 2019 Labor Code stipulates the principle of employing minors as follows:

• Juvenile employees only allowed to do jobs suitable for their health to ensure their physical, mental and personality development.
• When employing minor employees, the employer is responsible for taking care of the employee in terms of labor, health, and learning during the working process.
• When employing underage employees, the employer must obtain the consent of the father, mother, or guardian; make a separate monitoring book, record full name, date of birth, current job, and 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 minor employees.

Persons under the age of 15:
Working hours of people under the age of 15 must not exceed 04 hours in a day and 20 hours in a week; In addition, do not work overtime, work at night.

Persons from full 15 to under 18 years old:
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. In addition, people from full 15 years old to under 18 years old can work overtime, 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.

Related article:

• In Vietnam, are employers allowed to enter into labor contracts with 15-year-olds?
• Illegally fired, what should employees do to claim their benefits?

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