Penalties for using female employees who are pregnant from the 7th month to work at night

Lawyer Nguyen Thi Hoai Anh, YouMe Law Company Limited replied:

Point a, Clause 2, Article 28 Chapter II Decree No. 12/2022/ND-CP regulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad According to the contract, violations of regulations on female workers and ensuring gender equality are as follows:

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Employing pregnant employees from the 7th month or from the 6th month if working in highland, remote, border, or island areas to work overtime or work at night or on long business trips;

Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts regulating Fine levels, sanctioning authority and principles applicable to repeated administrative violations are as follows:

1. The fines prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases specified in Clauses 1, 2, 3, 5 The 7th rule; Clauses 3, 4, 6 Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine for organizations is 2 times the fine for individuals.

Thus, employing a female employee who is pregnant from the 7th month to work at night may be fined from 10,000,000 VND to 20,000,000 VND for individuals, from 20,000,000 VND to 40,000,000 VND for individuals. organized according to the regulations cited above.