Heavy Penalties on Employers for Retaining Original Personal Documents of Employees

Illustrative image (source: internet)

According to Clause 2 of Decree 28/2020/ND-CP, a monetary fine from VND 20,000,000 to VND 25,000,000 shall be imposed on employers committing one of the following acts:

- Retaining the original of personal identification documents, degrees, or certificates of the employee when concluding or executing the labor contract;

- Forcing the employee to provide a monetary or other property guarantee for the execution of the labor contract;- Concluding a labor contract with an employee aged between 15 and under 18 without written consent from the employee's legal representative.

Thus, employers who retain the original of employees' personal identification documents shall be fined from VND 20,000,000 to VND 25,000,000, and must return the retained originals of personal identification documents, degrees, or certificates to the employees.

Additionally, this Decree also stipulates monetary fines on employers committing one of the following acts: Not concluding a written labor contract for jobs with a term of 3 months or more; not concluding the correct type of labor contract with the employee; not including all essential contents in the labor contract; concluding a labor contract for hiring employees to work as directors in state-owned enterprises not in accordance with the law, with the following penalties:

- From VND 2,000,000 to VND 5,000,000 for violations involving 01 to 10 employees;- From VND 5,000,000 to VND 10,000,000 for violations involving 11 to 50 employees;- From VND 10,000,000 to VND 15,000,000 for violations involving 51 to 100 employees;- From VND 15,000,000 to VND 20,000,000 for violations involving 101 to 300 employees;- From VND 20,000,000 to VND 25,000,000 for violations involving 301 employees or more.

More details can be found in Decree 28/2020/ND-CP which takes effect from April 15, 2020.

Thu Ba

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