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Decree No. 28/2020/NĐ-CP on new rules to protect workers
23 March, 2020
On the 1st of March 2020, the Vietnamese Prime Minister, Mister Nguyễn Xuân Phúc, signed Decree 28/2020/NĐ-CP aiming at increasing workers’ right and implementing new fines to protect workers from mistreatment from their employers.
The decree shall take effect on the 15th of April 2020, and from this date employers who mistreat their staff could be punished by fines up to 75 million VND (around 3.240 USD).
The Decree stipulates that employers that assign temporary tasks to their employees, different from their main job, but fail to notify the employees three days in advance, do not clarify the duration of the temporary task, or assign tasks unsuitable with the health and the gender of the employee shall be fined from 1 up to 3 million VND (43-129 USD).
Employers sending their employees to work at locations or assigning tasks not stipulated in the Labour Contract, without the consent of the employees shall be fined from 3 up to 7 million VND (129-301 USD). The same range of fines shall be applied to employers who refuse to allow employees to return to work after a temporary suspension of work.
Employers mistreating their employees, however not seriously enough to engage legal proceedings shall be fined from 50 up to 75 million VND (2.150-3.230 USD).
The Decree also establishes fines for breaching regulations on Labour Contracts. More specifically, employers who fail to sign Labour Contracts with employees for work periods of three months or more or fail to sign a Labour Contract fitting the functions and tasks of the employees shall be fined from 2 up to 25 million USD (86-1.078 USD).
According to the Decree, employers shall be fined from 20 up to 25 million VND (862-1.078 USD) in the case when the employer keeps legal papers (like ID cards, passports…) of his employees while on duty. Employers forcing their employees to use their money or property to perform their jobs, and employers signing contracts with under aged employees without the written consent of the legal representative of the employees shall face the same amounts of fine.
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