Question:
My company has not submitted reports on changes in labor usage. What penalties could the company face?
Answer:
According to Clause 2, Article 8 of Decree No. 12/2022/ND-CP regarding violations in recruitment and labor management:
“1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer for any of the following acts:
a) Failing to declare the use of employees as required;
b) Collecting fees from employees during the recruitment process;
c) Failing to record or fully update information on employees in the labor management book from the date the employee starts working;
d) Failing to present the labor management book upon request from a competent state authority.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer for any of the following acts:
a) Discrimination in employment, except for discriminatory acts specified in point d Clause 1 Article 13, Clause 2 Article 23, Clause 1 Article 36, and Clause 2 Article 37 of this Decree;
b) Employing workers who have not been trained or who do not possess national occupational skills certificates for jobs requiring such training or certification;
c) Failing to report changes in labor usage in accordance with regulations;
d) Failing to prepare a labor management book, or preparing it late, or failing to ensure the required minimum content.”
Accordingly, an employer who fails to report changes in labor usage as required shall be subject to a fine ranging from VND 5,000,000 to VND 10,000,000.
Consultation: Labor Services
