Updated at 22/06/2022 - 09:29 am
In the process of recruiting, managing and using employees of the enterprise, it is very easy to make mistakes which, according to the law, must be sanctioned for administrative violations. The sanction of administrative violations on labor, salary and social insurance not only causes economic losses to enterprises, but also may show that the enterprise's labor management system is not suitable, which has potential risks. causing greater consequences because errors in labor, wages, and social insurance are errors of long-term accumulation.
The article helps businesses have a basis to re-evaluate their systems and give the most appropriate directions for businesses.
Understanding Administrative Violations on Labor - Salary - Social Insurance #
1. What is the administrative violation on Labor - Salary - Social insurance?
Administrative violations on Labor - Wages - Social Insurance are acts of guilt committed by organizations and individuals in violation of the law on management of Labor - Wages - Social insurance without fail. must be a crime and according to the law must be administratively sanctioned.
2. Statute of limitations for sanctioning administrative violations on Labor - Salary - Social Insurance
The statute of limitations shall be applied according to the provisions of the Law on Sanctioning of Administrative Violations. The statute of limitations for sanctioning administrative violations is 01 year, except for cases of managing foreign workers, the statute of limitations for sanctioning administrative violations is 02 years.
Acts in which enterprises are sanctioned for administrative violations of labor law #
- Violations on recruitment and labor management
- Violation of regulations on entering into labor contracts
- Violation of regulations on probation
- Violations against regulations on performance of labor contracts
- Violations against regulations on amendment, supplementation, termination of labor contracts
- Violations against regulations on training, retraining and improvement of vocational skills
- Violation of regulations on dialogue at work
- Violations against regulations on collective bargaining and collective bargaining agreements
- Violation of regulations on working time and rest time
- Violation of regulations on labor discipline and material responsibility
- Violation of regulations on female labor
- Violation of regulations on juvenile labor
- Violation of regulations on elderly workers
- Violations against regulations on foreigners working in Vietnam
Acts that enterprises are penalized for administrative violations of salary #
- Do not publicly announce at the workplace the salary scale, salary table, labor norms, bonus regulations
- Do not build salary scale, salary table, labor norms
- Do not make a salary book and present it when required by the competent authority
- Regulations on salary payment
- Paying employees less than the regional minimum wage
Acts that enterprises are sanctioned for administrative violations related to social insurance #
- Violations against regulations on payment of compulsory social insurance and unemployment insurance
- Violations against regulations on making dossiers to enjoy social insurance and unemployment insurance benefits
What should businesses pay attention to to avoid penalties for administrative violations on labor - Salary - Social insurance? #
To do it right and avoid administrative penalties, businesses need to fully implement the following groups of contents:
1. Comply with and strictly comply with relevant regulations when recruiting employees for enterprises.
2. Comply with and strictly comply with regulations on building a salary system such as: Salary scale, salary regulations when there are employees receiving salary at the enterprise.
3. To build a system to manage and participate in social insurance for their enterprises in accordance with regulations on compulsory social insurance participation for employees.
To do it right, businesses can refer to the manual on labor management - Salary - Social insurance as below:
FAQ - Frequently asked questions about Penalties for administrative violations LD-TL-BHXH #
Q: If the company pays social insurance at a lower rate than the actual salary in the labor contract as agreed with the employee, will there be a penalty?
Point b, Clause 4 and Clause 7, Article 38 of Decree 28/2020/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, sending Vietnamese workers to work abroad according to the contract stipulating violations of regulations on payment of compulsory social insurance and unemployment insurance as follows:
4. A fine of between 12% and 15% of the total amount payable for compulsory social insurance and unemployment insurance at the time of making the record of administrative violation, but must not exceed VND 75.000.000, for a user. Labor has one of the following acts:
b) Payment of social insurance and unemployment insurance not in accordance with the prescribed level but not evasion;
7. Remedial measures.
a) Forcing the payment of compulsory social insurance and unemployment insurance premiums payable for the violations specified in Clauses 4, 5 and 6 of this Article;
b) Forcible payment of interest equal to 2 times the average social insurance fund investment interest rate of the preceding year, calculated on the amount and time of late payment, failure to pay or evade payment; if they fail to do so, at the request of a competent person, the bank, other credit institution, the State Treasury shall have to deduct from the employer's deposit account to pay the unpaid, late payment amount. payment and interest of this amount is calculated according to the highest demand deposit interest rate of state-owned commercial banks announced at the time of sanctioning to the account of the social insurance agency for violations. specified in Clauses 4, 5 and 6 of this Article for 30 days or more.
Thus, if the employer fails to pay social insurance premiums at the prescribed rate but is not evading payment, he/she may be administratively sanctioned according to the above provisions.