Working age is one of the important bases; to determine whether an employee is eligible to enter into a labor contract. In fact, at present, there are many young workers who are engaged in labor relations and doing certain jobs; especially at some restaurants, small eateries. The question is, is this legal; What are the terms of employment of minors? Let’s find out this issue with lawyer X.
Legal grounds
- Labor Code 2019
- Decree 28/2020/ND-CP
What does the law say about working age?
According to the provisions of Clause 1, Article 3 of the Labor Code 2012, “Employee is a person aged full 15 years or older, capable of working, working under a labor contract; are paid a salary and are subject to the management and administration of the employer”.
The retirement age is determined as follows:
Employees ensure the conditions for the time of payment of social insurance premiums; in accordance with the law on social insurance; pension when men are full 60 years old and women are full 55 years old.
Employees with high professional and technical qualifications; employees doing management work and some other special cases; may retire at an older age but not more than 5 years compared with the above provisions.
According to this regulation, the current working age is 15 – 60 years old; for men and 15-55 years for women. If the employee does management work and some other special cases; may retire at an older age but not exceeding 5 years.
– According to the new regulations in the Labor Code 2019; the retirement age of employees in normal working conditions is adjusted according to the schedule; until full 62 years old for male employees in 2028 and full 60 years old; for female workers by 2035.
Principles of using juvenile workers
According to the provisions of Article 144 of the Labor Code 2019; on the principles of using minor employees as follows:
- Juvenile employees may only do jobs suitable for their health; to ensure physical, mental and personality development.
- Employers when employing minor employees; is responsible for taking care of employees 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, write full name, date of birth; the work being done, the results of the periodical health checks and to present them at the request of the competent state agencies.
- Employers must create opportunities for underage workers; receive cultural education, vocational education, training, retraining and skill improvement.
Juvenile workers are vulnerable when engaging in labor relations. Therefore, it is very necessary to have strict regulations to protect this group of subjects. Due to not fully developed psychologically, as well as physically; when employing minor workers, it is necessary to ensure that they only do jobs that are suitable for their health; their physical and mental strength, and at the same time, it is necessary to create conditions for employees to learn and develop this professional skill level.
Conditions for employment of minor employees
When the employer employs an employee under the age of 15; need to comply with the provisions of the law and be employed only for light jobs; according to the list prescribed by the Ministry of Labor, War Invalids and Social Affairs. In addition, the following issues should be kept in mind:
When recruiting, they must have a medical examination certificate from a medical examination and treatment facility; have the authority to certify health and suitability for work; organize periodic health checks at least once every 6 months.
Must sign a written labor contract with the representative; according to the law and must be agreed by the employee.
Must notify in writing the Department of Labor, War Invalids and Social Affairs; where the establishment is headquartered within 30 days from the date of recruitment to work.
Annually, report the use of people under the age of 15; work together with reports on occupational safety and health to the Department of Labor, War Invalids and Social Affairs
Obviously, the law is very strict about the conditions of use; juvenile workers. The conclusion of contracts for this group of subjects; are also strictly guaranteed such as regulations on control of employee work lists; This is done and must report on the work of occupational safety and health; annually with the Department of Labor, War Invalids and Social Affairs.
How to handle underage workers not in accordance with the law?
Obviously not any employer when hiring minors; are all in accordance with the law. There are even a lot of people who are abusive; taking advantage of child labor to do illegal jobs. Therefore, for the use of child workers; may be subject to administrative or criminal sanctions against the employer.
According to the provisions of Article 28 of Decree 28/2020/ND-CP; then the use of minor employees when committing one of the acts specified in these Clauses may be subject to punishment; fine from 1,000,000 to 75,000,000 VND depending on the severity and violations
In case the employer has enough elements to constitute a crime under the provisions of the 2015 Penal Code, it is charged with the crime of ‘violating the regulations on the employment of employees under 16 years old’. prosecute for penal liability with the heaviest penalty frame of up to 12 years according to the provisions of article 296 of the Penal Code.
Hopefully through the above article has partly provided knowledge; answer your questions about “Procedures for re-issuance of work permits for foreigners in Vietnam.”
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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
According to the provisions of Clause 1, Article 146 of the Labor Code, it is stipulated as follows: “The working time of a person under 15 years old must not exceed 4 hours in a day and 20 hours in a week; must not work overtime, work at night.”
According to the provisions of point a, Clause 2 of Decree 28/2020/ND-CP, “2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on the employer who commits one of the following acts:
a) Employing a person from full 13 years old to under 15 years old without signing a written labor contract with such person’s legal representative or without the consent of the person between full 13 years old and under 15 years old. ; “
Conclusion: So the above is Working age and conditions for employing minors in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
