CAN EMPLOYEES FROM 15 TO BELOW 18 BE RECRUITED?

My family is doing business in the lines of trading and producing building materials. I would like to know if it is illegal to recruit people around 16, 17 years old to work for us? Please give me some advices.

FDVN’s Opinions:

Thank you for trusting and sending your requests that need to be consulted to FDVN Law Firm (“FDVN”). For your requests, after researching the legal provisions, we would like to send you some references as follows:

According to Article 143 of Labor Code 2019, employees under 18 years old are considered minor employees.

It is not prohibited to enter into labor contracts with minor employees. However, you should note the following issues:

i. Principles of using minor employees

When concluding the Labor Contract with a minor, you need to ensure compliance with the principles specified in Article 144 of Labor Code 2019 including:

- Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.

- The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.

- When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.

- Employers shall enable minor employees to have educational and vocational training.

ii. Working time

According to Clause 2, Article 146 of Labor Code 2019, the working hours of persons from full 15 years old to under 18 years old must not exceed 08 hours in a day and 40 hours in a week. Persons from full 15 years old to under 18 years old may work overtime or work at night in some occupations and jobs according to the list in Article 10 of Circular 09/2020/TT-BLDTBXH.

iii. A person aged 15 to under 18 must not be assigned to the following works:

According to Clause 1 Article 147 of Labor Code 2019, a person aged 15 to under 18 must not be assigned to the following works:

a) Carrying and lifting of heavy things which are beyond his/her the physical capacity;

b) Production, sale of alcohol, tobacco and neuro-stimulants and other narcotic substances;

c) Production, use or transport of chemicals, gas or explosives;

d) Maintaining equipment or machinery;

dd) Demolition;

e) Melting, blowing, casting, rolling, pressing, welding metals;

g) Marine diving, offshore fishing;

h) Other works that are harmful to the development of his/her physical health, mental health or personality under the list in Clause 1, Article 9, Circular No. 09/2020/TT-BLĐTBXH.

iv. A person aged 15 to under 18 must not be assigned to the following locations:

According to Clause 2 Article 147 of Labor Code 2019, a person aged 15 to under 18 must not be assigned to the following locations:

a) Underwater, underground, in caves, in tunnels;

b) Construction sites;

c) Slaughter houses;

d) Casinos, bars, discotheques, karaoke rooms, hotels, hostels, saunas, massage rooms; lottery agents, gaming centers;

dd) Any other workplace that is harmful to the development of his/her physical health, mental health or personality under the list in Clause 2, Article 9, Circular No. 09/2020/TT-BLĐTBXH.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Sương – FDVN Law Firm

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