Many businesses wonder if juveniles can enter into labor contracts to work for that enterprise. In fact, the law allows businesses to employ minors, but there are many strict regulations when using this labor. Therefore, when employing underage labor, enterprises should pay attention to the following issues:

 

Regulations of law on juvenile workers

Under the Labor Code 2012, a minor employee is an employee under 18 years of age.

In this age, their physical and mental strength is developing and not stable. Although minors are very active at work as well as able to absorb quickly, but in them there are some weaknesses such as underdeveloped psychology, inadequate awareness, susceptible to environmental impacts. In the case of objective cases, the law creates regulations to protect this group of subjects so that they can have the most comprehensive development conditions.

Conclusion of labor contracts with juvenile workers

For employees under 15 years of age: The employer must sign a written labor contract with the legal representative of the person under 15 years old and must obtain the consent of the person under 15 years old.

For employees from full 15 years to under 18 years: The employer may enter into a direct labor contract with this subject but must have the written consent of the legal representative of the person. labor.

Responsibilities of employers when employing minors

It is forbidden to employ minors to do heavy, hazardous or dangerous jobs or workplaces, jobs that adversely affect their personal characteristics according to the list issued by the Ministry of Labor, War Invalids and Social Affairs. maintain and coordinate with the Ministry of Health to issue;

It is forbidden to use minors to produce and trade in alcohol, alcohol, beer, cigarettes, psychotropic substances and other addictive substances;

Employers must create opportunities for young employees and people under 15 years of age to participate in labor to receive cultural education;

An employer may only employ a minor employee in jobs suitable to his health to ensure the physical, intellectual and personality development and is responsible for taking care of his employees. juveniles in terms of labor, wages, health and learning in the labor process;

When employing a minor employee, the employer must make a separate monitoring book, recording full name, date of birth, current job, results of periodic health examinations and export. Submit when requested by competent state agencies.

These jobs are used by minor employees

– Jobs employed by persons under 13 years of age:

Dancer; sing; circus; film; drama, opera, cheo, cai luong (water puppet dance) stages.
Gifted athletes: gymnastics, swimming, athletics (except for weightlifting), table tennis, badminton, basketball, handball, billiards, soccer, martial arts, shuttlecock, rattan , chess, chess, volleyball.

– Jobs used by people from full 13 years old to under 15 years of age to work:

These jobs are employed by people under 13 years of age.
Traditional occupations: dot glaze, sawing of shells, lacquer painting, papermaking, conical hats, incense, dot cones, mat mats, empties, brocade weaving, rice vermicelli, bean sprouts, making rice paper (vermicelli), making banh Ke.
Handicrafts and fine arts: embroidery, fine art carpentry, horn comb making, net weaving, Dong Ho painting, sculpting and sculpture.
Knitting, making furniture, handicrafts from natural materials such as rattan, bamboo, coconut, banana, water hyacinth.
Silkworm rearing.
Coconut candy pack.
The working time of the employee is a minor

From full 15 years to under 18 years: Not more than 08 hours in a day and 40 hours in a week. To work overtime and work at night in a number of occupations and jobs prescribed by the Ministry of Labor, War Invalids and Social Affairs but not more than 04 hours in a day and 20 hours in a week.

Under 15 years: No more than 04 hours in a day and 20 hours in a week. Do not use overtime or work at night.

Handling enterprises that violate regulations on employment of minors
A warning will be imposed on employers that fail to make a separate monitoring book when employing minors or fail to present the monitoring book at the request of a competent state authority.
A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed upon any employer that commits any of the following violations:

– Employing people under 15 years of age without signing a written labor contract with the legal representative;

– Employing underage laborers to work more than working hours specified in Clause 2, Article 163 of the Labor Code;

– Employing persons aged between full 15 and under 18 to work overtime hours, work at night, except for certain jobs and jobs permitted by law.

A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed upon any employer that commits any of the following violations:

– Employing minors to do work, at work is prohibited from using as prescribed in Article 165 of the 2012 Labor Code;

– Employing persons under 15 years of age to do jobs outside the list permitted by law as prescribed in Clauses 1 and 3, Article 164 of the 2012 Labor Code.

Legal grounds:
Labor Code 2012
Decree 45/2013 / ND-CP
Decree 05/2015/NĐ-CP

Decree 95/2013/NĐ-CP