Companies that do not ensure workers take time off to change shifts according to regulations will be punished. What is the fine?

How are workers entitled to leave for shift shifts?

The leave for shifts for workers is regulated in Article 110 of the 2019 Labor Code as follows: following:

Shift change break

Employees working in shifts are entitled to at least 12 hours off before switching to another shift.

Accordingly, in case employees work in shifts, they will be given at least 12 hours of rest before moving to another shift.

If a company does not ensure workers have time off for shift changes according to regulations, what will be the penalties?

The level of administrative penalties for companies that do not ensure workers have time off for shift changes as prescribed in Clause 4, Article 18 of Decree 12/2022/ND-CP is as follows:

Violation of regulations determination of working time and rest time

1. A fine from 2,000,000 VND to 5,000,000 VND shall be imposed on employers who commit one of the following acts:

a) Failure to ensure employees take personal leave or unpaid leave according to the provisions of law;

b) Failure to notify in writing the Department of Labor, War Invalids and Social Affairs where overtime work is organized and where set up headquarters to organize overtime from over 200 hours to 300 hours in a year.

2. A fine from 10,000,000 VND to 20,000,000 VND shall be imposed on employers who violate the provisions of law on weekly or annual leave or holidays.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed on employers who commit one of the following acts:

a) Implementing normal working hours in excess of the working hours prescribed by law;

b) Mobilizing employees to work overtime without the employee’s consent, except in cases prescribed by law. defined in Article 108 of the Labor Code.

4. Fines will be imposed on employers when committing one of the following acts:not ensuring employees have breaks during working hours or shift breaks according to the provisions of law; Mobilize employees to work overtime in excess of the hours prescribed by law according to one of the following levels:

a) From 5,000,000 VND to 10,000,000 VND for violations from 01 to 10 employees;

b) From 10,000,000 VND to 20,000,000 VND for violations from 11 to 50 employees;

c) From 20,000,000 VND to 40,000,000 VND for violations involving 51 to 100 employees;

d) From 40,000,000 VND to 60,000,000 VND for violations from 101 to 300 employees;

d) From 60,000,000 VND to 75,000,000 VND for violations of 301 or more employees.

According to Clause 1, Article 6 of Decree 12/2022/ND-CP, the fine for the above violation applies to employers who are individuals in violation; in the case of organizations such as companies, the fine will be doubled.

Accordingly, if the company does not ensure that workers take time off to change shifts according to regulations, they may be subject to administrative penalties with corresponding fines as follows:

– From 10,000,000 VND to 20,000,000 VND for violations from 01 person to 10 employees.

– From 20,000,000 VND to 40,000,000 VND for violations from 11 to 50 employees.

– From 40,000,000 VND to 80,000,000 VND for violations from 51 to 100 employees.

– From 80,000,000 VND to 120,000,000 VND for violations from 101 to 300 employees.

– From 120,000,000 VND to 150,000,000 VND for violations of 301 or more employees.

What is the statute of limitations for administrative sanctions against companies that do not ensure workers take time off to change shifts?

The statute of limitations for sanctioning administrative violations in the field of labor is specified in Clause 1, 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 Administrative Violations.

Referencing point a, clause 1, Article 6 of the 2012 Law on Handling of Administrative Violations, amended by point a, Clause 4, Article 1 of the 2020 Amended Law on Handling of Administrative Violations, the statute of limitations for sanctioning administrative violations is as follows:

Statute of limitations for handling administrative violations

1. The statute of limitations for sanctioning administrative violations is prescribed as follows:

a) The statute of limitations for sanctioning administrative violations is 01 year, except for the following cases:

Administrative violations of 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; press; publish; production, export, import, and trading of goods; producing and trading banned and counterfeit goods; When 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 is according to the provisions of law on tax administration;

Thus, the statute of limitations for sanctioning administrative violations against companies that do not ensure workers leave for shift changes is 01 year.