Penalty for employing people with severe disabilities to work at night

Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:

Point b, Clause 1, Article 31 Chapter II Decree No. 12/2022/ND-CP stipulating penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad According to the contract (hereinafter referred to as Decree No. 12/2022/ND-CP) regulations on 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:

b) Employing employees with mild disabilities whose working ability is reduced by 51% or more, or with severe disabilities or particularly severe disabilities, to work overtime or work at night, unless the employee is People with disabilities agree.

Clause 1, Article 6 of Decree No. 12/2022/ND-CP stipulates fine levels, sanctioning authority and principles of application to repeated administrative violations 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 people with severe disabilities to work at night can be fined from 5,000,000 VND to 10,000,000 VND for individuals and from 10,000,000 VND to 20,000,000 VND for organizations when violating the regulations. each employee according to the above regulations.