Decree 283/2026, effective from 10/9, outlines administrative penalties for violations related to the conclusion and performance of labor contracts, probation, and workplace dialogue.
Maximum 25 Million VND Fine for Withholding Personal Documents
Labor contract violations carry fines of 20-25 million VND for employers engaging in one of the following acts: retaining original personal documents, degrees, or certificates of employees during contract conclusion or execution; forcing employees to provide monetary or other asset guarantees; or entering into contracts with individuals aged 15 to under 18 without written consent from their legal representative.
In addition to administrative fines, employers must return original personal documents, degrees, and certificates withheld from employees. They must also return any money or assets held as guarantees, along with interest calculated at the highest rate announced by state commercial banks at the time the penalty is incurred.
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Production line workers at a garment enterprise in Bac Ninh. *Photo: Viet An* |
Fines of 15-30 Million VND for Workplace Sexual Harassment
This fine applies to acts of sexual harassment in the workplace that do not yet warrant criminal prosecution.
The Labor Code defines workplace sexual harassment as any sexual act by one person towards another that is unwelcome or unacceptable to the recipient. A workplace is any location where an employee actually works as agreed upon or assigned by the employer.
If employing 10 or more workers, employers are responsible for issuing written labor regulations that include provisions for preventing workplace sexual harassment, along with procedures for addressing such conduct.
When subjected to workplace sexual harassment, employees have the right to unilaterally terminate their contract without prior notice. However, if an employee commits such an act, they will face disciplinary dismissal.
Probation Rules and Penalties
Regarding probation, the Labor Code stipulates that the duration is agreed upon by both parties based on the nature and complexity of the work, but probation for a specific job is permitted only once. Probation periods must not exceed: 180 days for enterprise management positions; 60 days for jobs requiring professional and technical qualifications from college level or higher; 30 days for jobs requiring intermediate qualifications, technical workers, or operational staff; and 6 working days for other jobs.
The salary for employees during probation is mutually agreed upon but must be at least 85% of the salary for that position.
Employers violating related regulations will be fined 500,000 VND to one million VND if they place employees on probation for contracts lasting less than one month or fail to notify them of probation results at the end of the period.
Fines increase to 2-5 million VND if employers require probation more than once for the same job, exceed the agreed-upon or legally stipulated probation period; pay probation salaries lower than agreed or less than 85% of the job's salary; or fail to conclude a labor contract when probation is successfully completed, in cases where both parties intended to do so.
In addition to paying fines, violators must pay full wages to employees if they required probation more than once, exceeded the agreed-upon period, or paid less than 85% of the salary during probation.
Penalties for Forced Labor and Improper KPI Use
In cases involving acts of forced labor or mistreatment that do not yet warrant criminal prosecution, or compelling employees to perform contracts to repay debts, employers face a maximum fine of 75 million VND.
A fine of 5-10 million VND applies to employers who use key performance indicator (KPI) systems to assess work completion without consulting the grassroots employee representative organization (if any). This fine also applies to acts such as terminating employees due to changes in structure, technology, or economic reasons without prior consultation with the grassroots employee representative organization, or without giving 30 days' notice to the provincial People's Committee or the employees.
Hong Chieu
