What is the penalty for not organizing a business employee conference?
(Baonghean.vn) - Question: I understand that according to the provisions of the labor law, every year the employer must organize dialogue at the workplace and organize a labor conference. I would like to ask, if the employer does not organize regular dialogue at the workplace or does not cooperate in organizing a labor conference, what will be the penalty?
Reply:
According to Article 47,Decree 145/2020 details and guides the implementation of a number of articles of the Labor Code on working conditions and labor relations. The Labor Conference is organized annually by the employer in coordination with the organization representing employees at the grassroots level (if any) and the labor dialogue representative group (if any) in the form of a plenary conference or a delegate conference.
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| Conference of civil servants and workers. Illustration photo |
On January 17, 2022, the Government issued Decree 12/2022/ND-CP on administrative sanctions for violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts. Accordingly, violations of regulations on dialogue at the workplace will be punished as follows:
A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on an employer committing one of the following acts:
1. Not developing, promulgating or amending or supplementing grassroots democracy regulations at the workplace as prescribed by law.
2. No organizationregular dialogue at work; not conducting dialogue when requested; not coordinating the organization of labor conferences according to the provisions of law.
3. Not publicizing the main content of the dialogue or the grassroots democracy regulations at the workplace as prescribed by law.
4. Failure to arrange location, time and other necessary material conditions to organize dialogues at the workplace.
5. Not sending or sending the wrong representative of the employer to participate in dialogue at the workplace as prescribed.
6. Failure to report on the implementation of dialogue and grassroots democracy regulations at the workplace to the state labor management agency when requested.
Thus, if the employer does not organize periodic dialogues at the workplace, does not coordinate the organization of employee conferences according to the provisions of law,will be fined from 5,000,000 VND to 10,000,000 VND.
LEGAL POLICY AND LABOR RELATIONS DEPARTMENT
NGHE AN PROVINCE LABOR FEDERATION
(Tel: 09 1974 2006; 0375 037 037)
