This is one of the content stipulated in Decree No. 95/2013/ND-CP dated August 22, 2013 of the Government on penalties of administrative violations in labor, social insurance and overseas manpower supply by contract..

According to the Decree, Vietnamese guest workers in other countries shall carry a fine from VND 80 million to VND 100 million once they commit one of the following acts: Illegally staying in the host country after the labor contract or visa expires, illegally leaving the contractual workplace, failing to go to the contractual workplace after being admitted by the host country; enticing, forcing, deceiving Vietnamese workers into staying in the host country illegally. Apart from carrying a fine, the workers committed violations shall be sent back to their home country and be suspended from working abroad for 02 or 05 years…

Besides, overseas manpower supplier shall be liable to a fine from VND 20 million to VND 40 million if they fail to submit the list of departing workers to the diplomatic mission or Vietnam’s consular office at other countries prescribed by law or fail to cooperate with the diplomatic mission or Vietnam’s consular office at other countries in the management and protection of lawful interests of workers during the period of overseas work.

For the conclusion of labor contract, the employers shall be liable to a fine from VND 20 million to VND 25 million if they keep workers’ original copies of ID papers, qualifications and certificates or force workers to deposit money or other assets as collateral for the execution of labor contracts; they shall be liable to a fine from VND 2 million to VND 5 million if they commit one of the following acts:  To request workers to undergo more than 01 probation; to extend probation beyond the permissible time; to pay the workers under probation lower than 85% of the official salary…

Moreover, the Government also regulates the fine levels towards violations related to working hour, rest time; worker outsourcing, female workers… Specifically, a fine from VND 10 million to VND 20 million shall be applied if the employer fails to allow female workers having children under 12 months of age to rest 60 minutes daily during their periods, to laying off or unilaterally terminate labor contracts with female workers for reason marriage, pregnancy, maternity leave…

This Decree takes effect on October 10, 2013.

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