Hair salons and spas that recruit students and then "do not" pay them can be fined 75 million VND.

Hair salons often recruit assistants in the form of vocational training (Illustration: KH)

In rural areas, many businesses often recruit workers by training them or recruiting apprentices. Apprentices are usually only provided with food and accommodation, and are trained for a period of several months to 1-2 years, but are not paid a salary or wages. Some businesses even charge apprentices tuition fees. Meanwhile, apprentices learn their trade by working directly and performing practical tasks with the establishment’s customers.

According to Article 14 of Decree 12/2022 (regulating administrative sanctions in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts), the above behavior violates regulations on training, fostering, and improving vocational skills.

Clause 3, Article 61 of the 2019 Labor Code stipulates: "Employers who recruit people to study or work for them do not have to register for vocationaleducation activities; are not allowed to collect tuition fees; and must sign training contracts in accordance with the provisions of the Law on Vocational Education".

According to Clause 1, Article 14, the competent authority will sanction those who collect tuition fees from apprentices and trainees to work for them; do not sign training contracts with apprentices and trainees to work for them in cases where employers are not required to register vocational education activities as prescribed in Clause 3, Article 61 of the 2019 Labor Code; do not pay wages to apprentices and trainees during their apprenticeship and training period but directly or indirectly participate in labor...

The fines for the above violations are as follows: from VND 500,000 to VND 2 million for violations involving 1 to 10 workers; from VND 2 million to VND 5 million for violations involving 11 to 50 workers; from VND 5 million to VND 10 million for violations involving 51 to 100 workers; from VND 10 million to VND 15 million for violations involving 101 to 300 workers; from VND 15 million to VND 20 million for violations involving 301 or more workers.

The fine will be up to 50-75 million for employers who commit one of the following acts: taking advantage of the name of vocational training or apprenticeship to profit or exploit labor or entice or force apprentices or trainees into illegal activities; recruiting people under 14 years old to learn or apprentice, except for occupations and jobs permitted by law; recruiting apprentices to work for them with an apprenticeship period of more than 3 months.

In addition, the person who commits the above acts must also take remedial measures such as returning the tuition fees collected from apprentices and trainees; paying salaries to apprentices and trainees; and paying into the state budget the illegal profits obtained from the act of taking advantage of the name of vocational training and training to profit or exploit labor or entice and force apprentices and trainees into illegal activities.

Source: https://dantri.com.vn/lao-dong-viec-lam/tiem-toc-spa-tuyen-hoc-vien-roi-xu-luong-co-the-bi-phat-75-trieu-dong-20230427135710636.htm