Tiếng ViệtA prohibition is a provision of law that does not allow the performance of one or more certain acts. A prohibition can be a pre-determined rule that prevents behavior from happening, or it can be a punishment for those who break the law.
In Article 8 of the Labor Code 2019, regulations on prohibited acts in the labor field include:
1. Discrimination in labor.
Labor discrimination is the practice of discrimination, exclusion or preference on the basis of race, color, national or social origin, ethnicity, sex, age, maternity status, marital status, religion, creed, political opinion, disability, family responsibilities or on the basis of HIV status or because of the establishment, joining and activities of unions or organizations of workers at an enterprise that has an impact on equality of employment or career opportunities.
Discrimination, exclusion or preference stemming from the specific requirements of the job and the acts of maintaining and protecting jobs for vulnerable workers are not considered discriminatory.
For this act, Clause 2, Article 8 of Decree 12/2022 stipulates: A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the employer who commits one of the following acts:
a) Discrimination in labor except for discriminatory acts specified in:
– Point d, Clause 1, Article 13 (Discrimination in working conditions for subcontracted employees compared to their own employees.),
– Clause 2, Article 23 (A fine for the employer when there is one of the following acts: discriminating on the grounds that the employee refuses to do the job or leaves the workplace when it is clear that there is a danger occurrence of an occupational accident that seriously threatens his life or health; discrimination on the grounds that he has performed the job or task to ensure occupational safety and health at the workplace of the employee. occupational safety, hygiene, safety, hygiene, health workers ),
– Clause 1, Article 36 (discrimination against employees and members of the management board of a representative organization of employees at the grassroots level for reasons of establishment, joining or operation of a representative organization of employees). ) and
– Clause 2, Article 37 of this Decree (discrimination between organizations representing workers at grassroots level)
2. Mistreatment of employees, forced labor.
Forced labor is the use of force, threat of force or other tricks to force employees to work against their will.
In Clause 4, Article 11 of Decree 12/2022 stipulating that the act of forcing labor or mistreating employees but not reaching the level of criminal prosecution will be fined from VND 50,000,000 to 75,000,000 for the employer has one of the following acts:
3. Sexual harassment in the workplace.
Sexual harassment at work is behavior of a sexual nature by any person towards another person in the workplace that is not desired or accepted by that person. A workplace is any place where an employee actually works as agreed or assigned by the employer.
Clause 3, Article 11 of Decree 12/2022 stipulates: A fine ranging from VND 15,000,000 to 30,000,000 shall be imposed for sexual harassment at work but not up to the level of criminal prosecution.
4. Taking advantage of the name of vocational training or apprenticeship to make profit, exploit labor power or entice, seduce or force apprentices or apprentices to engage in illegal activities.
Clause 2, Article 14 of Decree 12/2022 stipulates acts of taking advantage of the name of vocational training or apprenticeship to make profit or exploit labor power or entice or force apprentices or apprentices into illegal activities. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on the employer who commits one of the following acts:
5. Employing untrained workers or having no national vocational skill certificates for occupations and jobs requiring trained workers or having national certificates of vocational skills.
Clause 2, Article 8 of Decree 12/2022 stipulates: A fine of between VND 5,000,000 and 10,000,000 shall be imposed on an employer who commits one of the following acts: Employing untrained or untrained employees. have a national certificate of vocational skills for occupations or jobs that must employ trained workers or must have a national certificate of vocational skills.
6. Enticing, enticing, promising, false advertising or other tricks to deceive employees or to recruit employees for the purpose of human trafficking, exploitation, forced labor or taking advantage of services employment cases, activities of sending workers to work abroad under contracts to commit illegal acts.
In Clause 3, Article 8 of Decree 12/2022: A fine ranging from VND 50,000,000 to 75,000,000 shall be imposed for one of the following acts: enticing; entice; promise; false advertising or other tricks to deceive employees or to recruit workers for the purpose of exploiting or forcing labor but not to the extent of criminal prosecution.
And in Clause 9, Article 42 of Decree 12/2022: A fine ranging from VND 150,000,000 to 180,000,000 shall be imposed when one of the following acts is committed:
a) Taking advantage of activities of sending Vietnamese workers to work abroad to organize illegal exits, exploiting or forcing labor but not to the extent of criminal prosecution;
c) Forcing, enticing, enticing or deceiving Vietnamese workers to stay abroad illegally but not to the extent of criminal prosecution;
7. Illegally employing underage workers.
Unlawful acts are acts contrary to the way of conduct if out in the law.
In Clause 2, Article 29 of Decree 12/2022: A fine ranging from VND 20,000,000 to 25,000,000 shall be imposed on an employer who commits one of the following acts:
a) Employing a minor without the consent of the minor’s father, mother or guardian;
b) Employing a person under 15 years old to work but: enter into an unwritten 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;
c) Employing underage employees to work beyond the working hours specified in Article 146 of the Labor Code;
d) Employing people under the age of 15 to work overtime or work at night;
d) 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.
Note: In Article 6, Decree 12/2022/ND-CP, the fine level for organizations is equal to 02 times the fine level for individuals. Therefore, the above fines for organizations will be 02 times.
