Question: What administrative penalties will an enterprise face if it fails to organize periodic health check-ups for employees?
Answer:
When an enterprise fails to fulfill its obligation to organize periodic health check-ups for employees, direct financial risks will arise in the form of administrative monetary fines in accordance with Decree 12/2022/ND-CP.
Specifically, the penalty framework for the failure to organize periodic health check-ups is as follows:
1. For violating individuals: pursuant to clause 2, article 22 of decree 12/2022/ND-CP
The act of not organizing periodic health check-ups or occupational disease screening for employees shall be subject to a fine ranging from 1,000,000 vnd to 3,000,000 vnd per affected employee. The maximum total fine for an individual for this violation shall not exceed 75,000,000 vnd.
2. For violating organizations
Pursuant to clause 1, article 6 of decree 12/2022/ND-CP, the fine level applied to organizations is equal to twice (02 times) the fine level applied to individuals. Concurrently, clause 3, article 6 also clearly affirms that enterprises established and operating under vietnamese law are subject to this doubled fine. Legal consequence: the actual penalty framework applied to the company will range from 2,000,000 vnd to 6,000,000 vnd per affected employee. The maximum total fine for an organization is capped at no more than 150,000,000 vnd.)
Besides periodic check-ups, if the enterprise commits violations in cases of job transfers or employees returning to work after an accident, the penalty will be much more severe: Pursuant to Clause 3, Article 22 of Decree 12/2022/ND-CP, if the Company fails to organize health check-ups for employees before transferring them to heavier, more toxic, or more dangerous jobs, or after they have recovered from occupational accidents or diseases, the fine will range from 10,000,000 VND to 20,000,000 VND for the organization per affected employee.
Organizing periodic health check-ups for employees is a mandatory legal obligation and absolutely cannot be delayed. The enterprise’s failure to ever implement or its omission of this activity is putting the organization at risk of being subjected to very strict administrative sanctions.
