According to the provisions of Article 12 of the 2019 Labor Code, in the process of managing employees, employers must perform the following obligations:
1. Prepare, update, manage and use labor management books
According to the provisions of Clause 1, Article 12 of the 2019 Labor Code, in the process of managing and employing employees, employers must prepare, update, manage and use labor management books.
Labor management books must be established at the headquarters, branches and representative officess within 30 days from the inauguration date.
Labor management books may be a physical or electronic book. The content of the Labor Management Book must ensure basic information about the employee, including: full name; sex; date of birth; nationality; residence; Citizen Identification card number or ID card or passport; Technical qualification; vocational skill level; job position; type of labor contract; starting time of work; social insurance; salary; raise rank and salary; number of days off in the year; overtime hours; vocational training, training, fostering, improving vocational skills; labor discipline, material responsibility; labor accidents, occupational diseases; time of termination of labor contract and reason.
From the date the employee starts working, the employer is responsible for displaying and updating information in the Labor Management Book.
2. Report on labor use
Within 30 days from the date of commencement of operation, the employer is obliged to declare the use of labor. However, according to the instructions in Clause 1, Article 4 of Decree 145/2020/ND-CP and Decree 122/2020/ND-CP, the declaration of labor use has been integrated in the establishment registration process. businesses so employers do not have to declare their employment to the Department of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs.
3. Report changes in labor situation
During the operation, the employer is responsible for periodically reporting changes in labor to the specialized labor agency under the Provincial People’s Committee and notifying the social insurance agency.
Every 6 months (before June 5) and annually (before December 5), employers must report the status of labor changes to the Department of Labor, War Invalids and Social Affairs through the Translation Portal . National public service according to Form No. 01/PLI Appendix I issued with Decree 145/2020/ND-CP and notify the district social insurance agency where the headquarters, branches, and representative offices are located.
In case the employer cannot report the situation of labor change through the National Public Service Portal, send a paper report according to Form No. 01/PLI Appendix I issued with this Decree to the Department. Labor – Invalids and Social Affairs and notify the district social insurance agency where its headquarters, branches, and representative offices are located.
4. Legal consequences when not complying with labor management obligations
In case the employer does not comply with the above labor management obligations, based on Clause 1, Article 6 and Article 8 of Decree 12/2022/ND-CP, the employer may Penalties for administrative violations are as follows:
| Behavior | Form of sanction
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| For individuals
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For organizations
|
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| Failure to declare employment according to regulations
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Fine from 1,000,000 VND to 3,000,000 VND | Fine from 2,000,000 VND to 6,000,000 VND |
| Failure to fully display or enter information about the employee in the labor management book from the date the employee started working
|
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| Failure to report labor changes according to regulations
|
Fine from 5,000,000 VND to 10,000,000 VND | Fine from 10,000,000 VND to 20,000,000 VND |
| Failure to prepare a labor management book or preparing a labor management book not on time or not ensuring the basic contents according to the law
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Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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