HOW TO PUNISH BUSINESSES FOR USING ILLEGAL FOREIGN LABOR?
According to the provisions of the Labor Law 2019, Decree 28/2020/ND-CP on Regulations on sanctions for administrative violations in the fields of labor, social insurance, sending Vietnamese workers to work abroad under contracts. copper.
Illegally employing foreign workers is a violation of Vietnam's labor laws. Not only businesses are sanctioned, but also foreign workers are administratively sanctioned.
Enterprises that use foreign workers without a Work Permit will, in addition to administrative penalties for the enterprise, also be suspended from operations for 01 to 03 months if they violate the regulations at This Decree.
LEGAL BASIS
- Labor Law 2019.
- Decree 28/2020/ND-CP on Regulations on sanctions for administrative violations in the fields of labor, social insurance, and sending Vietnamese workers to work abroad under contracts.
PENALTIES LEVELS FOR ENTERPRISES USING ILLEGAL FOREIGN LABOR
1.1 Penalties for businesses that do not carry out issuance procedures Work permit
Fines will be imposed on employers who illegally employ foreign workers to work in Vietnam without a work permit or without a certificate confirming that they are not subject to a work permit or using foreign workers with valid work permits. Work permit has expired according to one of the following levels:
a) From 30,000,000 VND to 45,000,000 VND for violations from 01 person to 10 people;
b) From 45,000,000 VND to 60,000,000 VND for violations from 11 to 20 people;
c) From 60,000,000 VND to 75,000,000 VND for violations of 21 people or more.
1.2 Penalize businesses for actions related to management and use of foreign workers
◆ Failure to report or reporting incorrect content and time limit on the situation of using foreign workers at the request of the state labor management agency: Fine from 1,000,000 VND to 3,000,000 VND .
◆ Failure to send a copy of the signed labor contract to the agency that issued the work permit in the case of foreign workers working under a labor contract: Fine from 1,000,000 VND to 3,000 VND. 000 VND.
◆ Employing foreign workers inconsistent with the content stated on the work permit or written confirmation of not being subject to a work permit: Fine from 5,000,000 VND to 10,000,000 VND for violation. per employee, no more than 75,000,000 VND.
PENALTIES FOR FOREIGNERS WITHOUT WORK PERMIT (WORK PERMIT)
2.1 Forms of administrative sanctions
A fine from 15,000,000 VND to 25,000,000 VND shall be imposed on foreign workers working in Vietnam who commit one of the following acts:
a) Working without a work permit or without a written confirmation that you are not eligible for a work permit according to the provisions of law.
b) Using a work permit or document certifying that you are not subject to a work permit that has expired.
2.2 Additional sanctions
Deport foreign workers working in Vietnam when working in Vietnam without a work permit or without a document certifying that they are not subject to a work permit when violating the provisions of Clause 3 of this Article. .
2.3 Additional sanctioning authority
The Director of the Immigration Department and the Director of the Provincial Police have the right to sanction and apply additional sanctions such as expulsion to foreign workers who violate the law.
To avoid the above risks, businesses should pay attention and comply with the law when using foreign workers. In addition, ABA VISA & LawServices supports businesses and employees with procedures for applying for a Work Permit.
Please contact us immediately Hotline 0938165817 or Email [email protected] for free advice and guidance on PENALTIES FOR BUSINESSES USING ILLEGAL FOREIGN WORKERS and how to avoid them.
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