HOW MUCH DO ENTERPRISES MUST PAY FOREIGN WORKERS DURING THE PROBATION PERIOD?

Currently, in the globalized social life of our country’s labor system, there are many foreign workers working in Vietnam. Therefore, understanding the salary regulations for foreigners is essential. In the article below, Pham Consult will provide information about salary regulations for foreigners during the probationary period.

How much must businesses pay foreign workers during the probationary period?

How much an enterprise must pay a foreign worker during the probationary period is as follows, according to Article 2 of the 2019 Labor Code:

Applicable subjects

1. Employees, apprentices, trainees and workers without labor relations.
2. Employer.
3. Foreign workers working in Vietnam.
4. Other agencies, organizations and individuals directly related to labor relations.

And Article 26 of the 2019 Labor Code stipulates:

Probationary salary

The employee’s salary during the probationary period is agreed upon by both parties but must be at least equal to 85% of the salary of that job.

Accordingly, the salary of foreign workers during the probationary period is agreed upon by both parties but must be at least equal to 85% of the salary of that job.

And this regulation only stipulates a minimum level of 85%, there is no maximum level, so if you want to pay a foreign worker during the probationary period equal to 100% of that job’s salary, it is completely possible. can perform.

 

If an enterprise pays a salary to a foreign worker during the probationary period that is lower than 85% of the salary for that job, will they be penalized?

Enterprises that pay foreign workers during the probationary period less than 85% of the salary for that job will be penalized according to Point c, Clause 2, Point a, Clause 3, Article 10 of Decree 12/2022/ND-CP as follows:

Violation of regulations on probation

1. A fine from 500,000 VND to 1,000,000 VND shall be imposed on employers who commit one of the following acts:
2. a) Require probation for employees working under labor contracts with a term of less than 01 month;
3. b) Failure to notify the results of probation to employees according to regulations.
4. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:
5. a) Requiring employees to try more than once for one job;
6. b) Probation exceeds the prescribed time;
7. c) Pay the employee during the probationary period less than 85% of the salary for that job;
8. d) Failure to enter into a labor contract with the employee upon satisfactory probation in cases where both parties have entered into a probationary contract.
9. Remedial measures
10. a) Force the employer to pay the full salary for that job to the employee when there is a violation specified in Point a, Clause 1, Points a, b, c, Clause 2 of this Article;
11. b) Force the employer to enter into a labor contract with the employee when there is a violation specified in Point d, Clause 2 of this Article.

And Clause 1, Article 6 of Decree 12/2022/ND-CP is as follows:

Fine levels, sanctioning authority and principles applicable to repeated administrative violations

1. The fines prescribed for violations specified in Chapter II, Chapter III and Chapter IV of this Decree are fines for individuals, except for the cases specified in Clauses 1, 2, 3, 5 The 7th rule; Clauses 3, 4, 6 Article 13; Clause 2, Article 25; Clause 1, Article 26; Clauses 1, 5, 6, 7 Article 27; Clause 8, Article 39; Clause 5, Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 43; Clauses 1, 2, 3, 4, 5, 6 Article 45; Clause 3, Article 46 of this Decree. The fine for organizations is 2 times the fine for individuals.

…

Thus, businesses that pay foreign workers during the probationary period less than 85% of the salary for that job will be fined from 4,000,000 VND to 10,000,000 VND and forced to pay the worker’s full salary. that for this foreign worker.

 

What is the statute of limitations for administrative penalties for businesses that pay foreign workers during the probationary period less than 85% of the salary for that job?

The statute of limitations for sanctioning administrative violations for enterprises that pay foreign workers during the probationary period less than 85% of the salary for that job is specified in Article 5 of Decree 12/2022/ND-CP as follows:

Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Violations. administrative violation.

…

Refer to Clause 1, Article 6 of the 2012 Law on Handling of Administrative Violations, amended by Point a, Clause 4, Article 1 of the 2020 Law on Handling of Administrative Violations, which stipulates the statute of limitations for sanctioning administrative violations as follows. :

Statute of limitations for handling administrative violations

1. The statute of limitations for sanctioning administrative violations is prescribed as follows:
2. a) The statute of limitations for sanctioning administrative violations is 01 year, except for the following cases:

Administrative violations in accounting; bill; fees and charges; Insurance Business; price management; stock; Intellectual Property; build; Seafood; forestry; investigation, planning, exploration, exploitation and use of water resources; petroleum and other mineral activities; environmental protection; atomic energy; management and development of housing and offices; land; dikes; newspapers; publish; production, export, import, and trading of goods; producing and trading banned and counterfeit goods; When it comes to managing foreign workers, the statute of limitations for sanctioning administrative violations is 02 years.

For administrative violations of tax, the statute of limitations for sanctioning administrative violations shall comply with the provisions of law on tax administration;

…

Thus, the statute of limitations for administrative penalties for enterprises paying foreign workers during the probationary period less than 85% of the salary for that job is 01 year.

Through the above article, Pham Consult hopes to have provided useful information as well as the problems you are facing. If you have any questions or are experiencing the above problems, please contact Pham Consult for support.