To handle employees forced by company to deduct salary to buy products in Viet Nam
To handle employees forced by company to deduct salary to buy products in Viet Nam
Original article written in Vietnamese To handle employees forced by company to deduct salary to buy products in Viet Nam
From 2021, employers must not force employees to spend salary on the purchase of goods or services from employers or other organizations designated by employers. How to handle if the business owner intentionally violates this regulation? Here Nghiep Thanh Law will answer the above question through the article below.
1. Company is not allowed to interfere in employees’ salary expenses
Salary is the amount of money paid by the company to its employees to perform the work as agreed[1].
This amount must be paid directly and in full by the specified time limit. In case it is not possible to receive the salary directly, an employee can authorize another person to receive the salary on his or her behalf[2].
The Labor Code 2019 states that employers must not restrict or interfere with the employees’ right to self-determination of salary expenses; Employees must not be forced to spend salary on the purchase of goods or services from employers or other organizations designated by employers.
Thus, based on the above regulation, employees must be able to make their own decisions about salary expenses without facing any restrictions or interference from the company.
At the same time, the company is also prohibited from forcing employees to deduct salary to buy goods or use services of the company or other suppliers.
2. The fine level of employers when forcing employees to deduct salary to buy goods
If forced to use their salary to buy products of the company, employees can report this violation to the Department of Labour, War Invalids and Social Affairs.[3]
The denunciation can be made by application or directly to the Chief Inspector of the Department of Labour, War Invalids and Social Affairs.
For an individual employer, depending on the number of employees being violated, the employer will have to pay fines at different levels[4]:
– There are 01 to 10 employees violated: VND 05 – 10 million in fines
– There are 11 to 50 workers violated: VND 10 – 20 million in fines
– There are 51 to 100 workers violated: VND 20 – 30 million in fines
– There are 101 to 300 employees violated: VND 30 – 40 million in fines
– There are 301 employees and above violated: VND 40 – 50 million in fines
If the employer is an organization, it will be fined 02 times the penalty level compared to the individual.[5]
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Translator: Le Khanh Linh
Content writer: Bui Thi Nhu
Instructor: Nguyen Linh Chi
Admin: Lawyer Thuan
[1] Article 90 Labor Code 2019.
[2] Article 94 Labor Code 2019.
[3] Article 39 Decree 24/2018/ND-CP
[4] Article 17.2 Decree 12 2022/ND-CP
[5] Article 6.2 Decree 12/2022/ND-CP
