According to Article 18 of Decree 12/2022/ND-CP, penalties for companies that force employees to work on holidays are as follows:
Article 18. Violation of regulations on working hours and rest hours
1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on an employer committing one of the following acts:
a) Not ensuring employees have personal leave or unpaid leave as prescribed by law;
b) Failure to notify in writing the Department of Labor, War Invalids and Social Affairs of the place where the overtime work is organized and the place where the head office is located about the organization of overtime work from more than 200 hours to 300 hours in a year.
2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on employers who violate the provisions of law on weekly or annual leave or holidays.
3. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on an employer committing one of the following acts:
a) Working hours normally exceed the working hours prescribed by law;
b) Mobilizing employees to work overtime without their consent, except in cases prescribed in Article 108 of the Labor Code.
4. Fines shall be imposed on employers who commit one of the following acts: not ensuring that employees rest during working hours or between shifts as prescribed by law; mobilizing employees to work overtime exceeding the number of hours prescribed by law at one of the following levels:
a) From VND 5,000,000 to VND 10,000,000 for violations involving from 01 to 10 employees;
b) From VND 10,000,000 to VND 20,000,000 for violations involving 11 to 50 employees;
c) From VND 20,000,000 to VND 40,000,000 for violations involving 51 to 100 employees;
d) From VND 40,000,000 to VND 60,000,000 for violations involving from 101 to 300 employees;
d) From VND 60,000,000 to VND 75,000,000 for violations involving 301 or more employees.
According to regulations, companies are allowed to employ employees to work overtime when they fully meet the following requirements:
(i) Must have the consent of the employee.
(ii) Ensuring overtime hours of employees:
- Not more than 50% of normal working hours in 01 day.
- In case of applying the regulation on normal working hours per week, the total number of normal working hours and overtime hours shall not exceed 12 hours in 1 day.
- No more than 40 hours in 1 month.
(iii) Ensure that the number of overtime hours of employees does not exceed 200 hours in 1 year, except for the case specified in Clause 3, Article 107 of the 2019 Labor Code.
(Pursuant to Point a, Clause 2, Article 107 of the 2019 Labor Code).
