According to the law, labor recruitment is considered the foundation of the labor utilization process as it is the very first basic step in organizing labor.Activities such as analyzing, evaluating, and classifying labor, determining the scale and methods of labor allocation to achieve the unit’s goals, functions, and management requirements can only be carried out effectively when recruitment activities are well executed.
VinaSC specializes in providing recruitment services. With a team of experienced consultants and a vast database of candidates operated according to VinaSC’s modern recruitment process, we will meet the need for suitable personnel quickly and efficiently, optimizing costs, time, and effort to help expand the business.
Scope of Recruitment Services at VinaSC:
- Recruitment of employees
- Contract management
- Management of job offer letters
- New employee onboarding process
- New employee training
Recruitment of Employees
According to Article 11 of the Labor Code 2019:
- Employers have the right to recruit employees directly or through employment service organizations, labor outsourcing enterprises as per their needs.
- Employees are not required to pay any costs for their recruitment.
Before hiring an employee, the employer must enter into a labor contract with the employee. There are two types of labor contracts:
- Fixed-term labor contracts: These are contracts in which both parties determine the term and the time of termination of the contract, which should not exceed 36 months from the effective date of the contract. If the fixed-term contract expires and the employee continues to work, both parties must sign a new fixed-term contract only once more. After that, if the employee continues to work, an indefinite-term labor contract must be signed, except for contracts with directors in goverment-owned enterprises or elderly workers.
- Indefinite-term labor contracts: These contracts do not specify the term or time of termination.
Important Considerations for Enterprises When Recruiting Employees
Decree No. 04/2014/ND-CP, dated January 16, 2014, provides detailed regulations on the implementation of certain articles of the 2012 Labor Code on employment, specifically regarding recruitment procedures, which are no longer in effect.
The 2019 Labor Code came into effect on January 1, 2020. Therefore, enterprises need to be aware of important considerations regarding labor recruitment under the new code:
- Policy and recruitment process: Enterprises must not discriminate in labor. Clause 8, Article 3 of the 2019 Labor Code explains that labor discrimination is any distinction, exclusion, or preference based on race, color, national or social origin, ethnicity, gender, age, maternity status, marital status, religion, belief, political opinion, disability, family responsibilities, HIV status, or membership in a labor union that affects equality in job opportunities or careers.
- Age of the labor force: Enterprises must ensure that the age of employees is suitable for the job:
- For employees aged 18 and above or from 15 to under 18, work is free to choose.
- For those aged 13 to under 15, only light work as specified in Circular 09/2020/TT-BLDTBXH is allowed.
- For those under 13, only light work as specified in Circular 09/2020/TT-BLDTBXH is allowed.
- Jobs requiring national occupational skills certificates: As per Article 35 of the Employment Law, employees performing jobs directly affecting their safety and health or the community must have a national occupational skills certificate.
- Foreign employees:
- Foreign labor recruitment conditions are more stringent than for Vietnamese employees. Foreign employees must meet the conditions specified in Article 151 of the 2019 Labor Code.
- According to Article 152 of the 2019 Labor Code, enterprises can only recruit foreign employees for management, executive, specialist, and technical jobs that Vietnamese labor cannot meet.
- Enterprises must justify the need for foreign employees and obtain approval from the competent state authority.
- No recruitment fee for employees: Clause 2, Article 11 of the 2019 Labor Code stipulates that employees are not required to pay any recruitment fees.
- No false job advertisements: Clause 1, Article 16 of the 2019 Labor Code requires enterprises to provide truthful information about the job, work location, conditions, working hours, rest periods, safety, wages, and payment forms.
Employer’s Right to Unilaterally Terminate Labor Contracts (Clause 1, Article 36 of the 2019 Labor Code)
- Employees who frequently fail to perform their job according to the labor contract based on the employer’s evaluation criteria.
- Employees who are sick or have an accident and have received treatment for 12 consecutive months for indefinite-term contracts, or six consecutive months for fixed-term contracts from 12 to 36 months, or more than half the term for contracts under 12 months, and are still unable to work.
- Due to natural disasters, fires, dangerous epidemics, enemy sabotage, or relocation, narrowing of production and business as requested by competent state authorities, and the employer has exhausted all other measures.
- Employees who are absent from work after the temporary suspension of the labor contract.
- Employees who voluntarily leave their jobs without a valid reason for five consecutive working days.
- Employees who provide false information that affects recruitment.
Employers cannot unilaterally terminate the labor contract with employees undergoing treatment for work accidents or occupational diseases, pregnant or on maternity leave, or nursing a child under 12 months old.
What are the penalties for violating regulations on recruitment and labor management?
Pursuant to Article 8 of Decree 12/2022/ND-CP dated January 17, 2022, which provides for administrative sanctions for violations in the field of labor, social insurance, and Vietnamese workers working abroad under contract. Specifically:
“Article 8. Violations against regulations on recruitment and employee management
- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed upon an employer for commission of one of the following violations:
…
- b) Charging job candidates;
- A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission of one of the following violations:
…
- b) Employing untrained people or people without occupational training certificates to do the jobs or works that have to be done by trained workers or holders of occupational training certificates;
- A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed for persuading, inciting, promising, advertising or otherwise tricking employees into exploitation of labour or forced labour, if not liable to criminal prosecution.
- Remedial measures:
The employer that commits the violation in Point b Clause 1 of this Article is compelled to return collected amounts to employees.”
Note: The above are the fines for individuals, the fines for organizations are 2 times the fines for individuals.
Thus, violations in labor recruitment will be subject to administrative penalties: The level of administrative penalties can be up to 75,000,000 VND (for individuals); 150,000,000 VND (for organizations) and other remedial measures.
Why should businesses choose VinaSC’s recruitment services?
- VinaSC owns a team of professional recruitment specialists, capable of building suitable solutions for each customer group, consulting on labor law policies;
- VinaSC has the most optimal cost of human resource recruitment services, helping to save costs, resources and time for businesses;
- VinaSC always supports and advises the most suitable solutions for special requests or questions of businesses;
- VinaSc has a strict and rigorous recruitment process to ensure that the selected personnel are the most suitable people for the business;
- VinaSC is committed to absolute confidentiality of information about businesses, recruitment positions, offline and online personnel.
Please contact us for timely advice and support.