On January 17th, 2022, the Government issued Decree No. 12/2022/ND-CP prescribing administrative penalties for violations arising from labor, social insurance, and sending Vietnamese workers abroad under contracts, followed by some notable contents:
+ Supplementing regulations on penalties for sexual harassment:
– A fine ranging from VND 15.000.000 to VND 30.000.000 will be imposed for sexual harassment at the workplace which does not involve criminal liability;
– The act of abuse, sexual harassment, labor coercion, or use of violence on domestic workers can be fined from VND 50.000.000 to VND 75.000.000.
+ Increase the sanction level and add new salary violations:
– Adjusted the penalty bracket from VND 2.000.000 – 5.000.000 VND to 5.000.000 VND – 10.000.000 VND
– At the same time, adding new salary violations:
Fail to pay salary with equality or have gender discrimination to employees with the work of equal value;
Not applying trial of labor norms before providing official promulgation;
Fail to conduct the salary statement or fail to comply with legal regulations on the salary statement.
+ Sanctions for the act of failing to notify the employee in writing of the termination of the labor contract:
– A fine from 1,000,000 VND to 3,000,000 VND may be applied to the employer who fails to notify the employee in writing about the termination of the labor contract when the labor contract is terminated in accordance with the provisions of the Labor Code.
Besides that, the Decree has also adjusted, supplemented, and deregulated some penalties and fines in accordance with the principles and provisions of the Labor Code 2019.
This Decree replaces Decree No. 28/2020/ND-CP and takes effect from the signing date.
