Legal Of Employees Under 18 Years Old | As Auditing

Employees under the age of eighteen are considered minor employees. According to popular belief, minors are not allowed to participate in labor in society. Today, AS Auditing Company's five-minute knowledge-sharing channel would like to send you the content of Vietnam's legal regulations on underage labor. Parents, employees under the age of eighteen and those who employ employees under the age of eighteen should know these contents to avoid unfortunate legal mistakes.

According to Vietnamese labor law, minor employees are divided into three groups:

• Group 1: Persons under the age of thirteen.
• Group 2: Persons from full thirteen years old to less than fifteen years old.
• Group 3: Persons from full fifteen years old to less than eighteen years old.

There are two main contents in the labor law that we need to pay attention to for three groups of minors:

• Content 1: The work is allowed to do and the work is not allowed to do.
• Content 2: Signing contracts and administering labor management.

First, work is allowed and work is not allowed.

Groups of laborers from fifteen to under eighteen years old are not allowed to do the following jobs: carrying heavy loads beyond their physical capacity; Producing alcohol and addictive substances; Transportation of gas and chemicals; Construction demolition; maintenance machinery; Cooking, blowing, casting, stamping, welding all kinds of metals; Offshore fishing; Slaughter of cattle; Do not work in underground or underwater places. Do not work in discos, hotels, saunas, massages, video games, lotteries and similar occupations.

Groups of employees from full thirteen years old to under fifteen years old are only allowed to do the following jobs: performing arts, sports; Programming Software; Traditional handicraft industries such as knitting leaves, weaving mats, making vermicelli, making vermicelli, spinning, weaving, beading, stringing, harvesting agricultural products, grazing cattle on the farm and other industries others of similar nature.

Groups of workers under the age of thirteen are only allowed to do art and sports jobs with the consent of the provincial specialized labor agency.

Second, signing contracts and administering labor management.

Regarding the contract signing, there are five things to note:

• First, consent of the father, mother, legal guardian of the minor.
• Second, organize periodic health check every six months.

• Third, make a labor record book and create conditions for minors to study.
• Fourthly, the person who signs a contract with a minor employee must have his or her criminal record verified within six months, and he or she must have absolutely no criminal record of child abuse and must sign a commitment that he or she has never committed any violation of child abuse.
• Fifth, if the employee is less than thirteen years old, the consent of the provincial labor management agency is required.

Regarding labor division management, there are two things to note:

Firstly, employees who are under the age of fifteen must work four hours a day, not exceeding twenty hours a week, and do not work overtime or at night.

Second, employees from fifteen years of age to less than eighteen years old shall work eight hours a day, not exceeding forty hours a week, and neither overtime nor at night. If they work overtime or work at night, they must comply with the limit conditions allowed by the labor agency. For example, in urgent cases of work and in industries that allow overtime such as: manufacturing, processing and exporting textiles, footwear, electricity supply, and telecommunications.

In addition, the state has regulations on sanctioning administrative violations for parties that employ minors.

• Failure to open the labor record book shall result in a fine of between one million and two million dong.
• Employing employees without a labor contract, without parental consent, or overtime improperly, shall be fined from ten million to fifteen million dong.
• Arranging jobs that do not conform to regulations on industries and workplaces, affecting health and personality, shall be subject to a fine of between fifty million and seventy-five million dong.