New fines imposed on administrative violations in relation to labor contract, social insurance

Decree No. 28/2020/ND-CP dated March 1st, 2020 of the Government on administrative penalties for violations arising from labor, social insurance and sending Vietnamese workers abroad under contracts

In comparison with the earlier regulations, this Decree adds regulations on fines imposed on these violations:

– Temporary transfer of an employee to another job position not specified in the employment contract without 3 days’ prior notice

– Failing to provide clear notification of the duration of temporary transfer, or placement of jobs not suitable to the employee’s health and gender

– Transferring employees to take up jobs without the employees’ written consent

– Placing employees in jobs at places other than the ones agreed in labor contracts

– If employers coerce or maltreat employees to the extent of not being subject to criminal prosecutions, they will be fined from VND 50,000,000 to VND 75,000,000.

The making of pay record books which had been abrogated from the end of 2015 under Clause 2 Article 2 of Decree No. 88/2015/ND-CPstatus1 now shall be considered to commit the regulations.

Regarding social insurance, this Decree requests enterprises to publicly post up information about their employees’ payment of social insurance contributions provided by social insurance authorities in order for the employees to know about such information. Enterprises must carry out regulatory procedures to confirm payment of unemployment insurance contributions to their employees so that they can complete their application for entitlement to unemployment insurance benefits.

This Decree takes effect from April 1st, 202. To replace Decree No. 95/2013/ND-CPstatus1 dated August 22nd, 2013 and Decree No. 88/2015/ND-CPstatus1 dated October 7th, 2015.

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