Enterprises must manage employees working for them and present documents when required by competent authorities.
Legal grounds:
- Labor Code 2019;
- Decree No. 12/2022/ND-CP.
We get the following questions:
My company has always maintained less than 10 employees, I have paid social insurance and health insurance for employees in full. Recently, I received a dispatch from the committee requesting to prepare a labor dossiers, including a labor management book. I want to ask the company to fully comply with labor regulations, but there is no management book, is there any penalty?
Labor management book is a document that tracks and manages all employees in the enterprise. It contains information about the employee’s personal and working history at the enterprise.
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Responsibility for making labor management book
Pursuant to Clause 1, Article 12 of the 2019 Labor Code as follows:
Article 12. Employer’s responsibility for labor management
- Make, update, manage and use the labor management book in paper or electronic form and present it at the request of the competent state agency.
According to the above regulations, businesses could manage labor by software. This is allowed by law. However, businesses should be ready to print and present labor management book when required by the competent authority.
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Penalties for not making a labor management book
When the competent authority requests the presentation of the labor management book, but the enterprise fails to comply with, the enterprise may be administratively sanctioned according to the provisions of Point d Clause 1 or Point d Clause 2 Article 8 of the Decree. No. 12/2022/ND-CP as follows:
Article 8. Violations on recruitment and labor management
- A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the employer when committing one of the following acts:
- d) Failing to present the labor management book at the request of the competent state agency.
- A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the employer who commits one of the following acts:
- d) Failing to make a labor management book or failing to make a labor management book on time or failing to ensure the basic contents as prescribed by law.
Note:
- The above-mentioned fine levels apply to employer is an individual who commits violations;
- If the employer is an enterprise, the fine is equal to 2 times the fine for an individual.
