Delve into the intricacies of labor laws that govern working hours and protect minors in the workforce. Understand how these regulations ensure fair treatment and safe working conditions for all.
Question: From a employee
I am a worker having subcontracting the production of some toys for children for the upcoming holiday season. Due to urgent labor needs and limited wages, it’s challenging to hire adult workers. There’s a student dormitory near my place where some students have free time in the afternoon, and others in the morning. I’ve asked these students and they agreed to help with the extra work. What procedures do I need to follow when hiring these student workers?
Answer:
According to the provisions of Article 145 of Labor Code 2019 regarding the employment of minors, if the worker is under 15 years old, the employer must adhere to the following regulations:
a) Conclude a written contract with the employee and his/her legal representative;
b) Arrange the working hours so as not to affect the employee’s study hours;
c) Obtain the health certificate from a competent health facility which certifies that the employee’s health is suitable for the work assigned, and provide periodic health check-up for the employee at least once every 06 months;
d) Ensure that the working conditions, occupational safety and health are suitable for the employee’s age;
Additionally, employers are only allowed to recruit and employ individuals between the ages of 13 and under 15 for light work as specified in the list issued by the Minister of the Ministry of Labor – war invalids and Social Affairs.
Employers are prohibited from recruiting and employing individuals under 13 years old, except for artistic, physical education, and sports-related work that does not harm the physical, mental, and personal development of the minor. Such employment requires approval from the specialized labor authority under the Provincial People’s Committee.
Question:
Due to difficult circumstances, student H is both attending school and working part-time to support the family. Finding the work relatively easy, H requested the employer to allow extra hours to increase income, and the request was granted. Noting that H is also not yet 15 years old, the employer is concerned about potential penalties. The employer asked about the maximum hours that H can work without facing penalties.
Answer:
According to the provision in Clause 1 of Article 146 of Labor Code 2019 concerning working hours for minors: “The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week.
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