The fine was without consultation with disabled workers

Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:

Point a, Clause 1, Article 31 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 elderly workers and people with disabilities are as follows:

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for each employee for the employer who commits one of the following acts:

a) Failure to consult disabled employees when deciding on issues related to their rights and interests;

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, companies that do not consult disabled employees when deciding on issues related to their rights and interests may be fined from 10,000,000 VND to 20,000,000 VND for violation. committed against each employee according to the regulations cited above.