{"id":34581,"date":"2023-07-20T15:38:54","date_gmt":"2023-07-20T08:38:54","guid":{"rendered":"https:\/\/adsmo.vn\/14-dieu-nguoi-lao-dong-can-biet-de-tu-bao-ve-minh\/"},"modified":"2025-07-15T11:54:12","modified_gmt":"2025-07-15T04:54:12","slug":"14-things-every-worker-should-know-to-protect-themselves","status":"publish","type":"post","link":"https:\/\/adsmo.vn\/en\/14-things-every-worker-should-know-to-protect-themselves\/","title":{"rendered":"14 Things Every Worker Should Know to Protect Themselves"},"content":{"rendered":"

In the relationship between employers and employees, most workers are always in a weaker position, so the State, which plays the role of managing social order, has policies to balance the interests of both sides. Workers – especially unskilled and low-skilled workers – often have their rights violated, but they are often the ones who do not understand the law to protect themselves. Therefore, to help workers understand their rights, ADSMO<\/strong><\/a> would like to briefly introduce 14 things you need to know to protect yourself.<\/span><\/p>\n

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  1. \n

    Maximum probationary period<\/b><\/h2>\n<\/li>\n<\/ol>\n

    \"Probationary<\/p>\n

    1.1. Not more than 180 days for the work of an enterprise manager as prescribed by the Law on Enterprises, the Law on Management and Use of State Capital Invested in Production and Business at Enterprises.<\/span><\/p>\n

    1.2. Not more than 60 days for work with a professional title requiring professional and technical qualifications from college level or higher.<\/span><\/p>\n

    1.3. Not more than 30 days for work with a professional title requiring professional and technical qualifications at intermediate level, technical workers, and professional staff.<\/span><\/p>\n

    1.4. No more than 06 working days for other jobs. <\/span><\/p>\n

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    1. \n

      The probationary salary must be at least 85% of the official salary<\/b><\/h2>\n<\/li>\n<\/ol>\n

      For example: The official salary is 8 million, then the probationary salary is at least 6.8 million.<\/span><\/p>\n

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      1. \n

        3 days before the end of the probationary period, the employee must be notified of the probationary results<\/b><\/h2>\n<\/li>\n<\/ol>\n

        – If the requirements are met, the labor contract must be signed immediately.<\/span><\/p>\n

        – If the requirements are not met, the probationary contract can be terminated.<\/span><\/p>\n

        Therefore, if the employer violates the regulations, it will be fined from 2 to 5 million and forced to pay 100% of the employee’s salary.<\/span><\/p>\n

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        1. \n

          Official wages must not be lower than regional minimum wages<\/b><\/h2>\n<\/li>\n<\/ol>\n

          \"Minimum<\/p>\n

          According to <\/span>Decree<\/span> 38\/2022\/ND-CP effective date 01\/07\/2022, the minimum wage by region is currently regulated by the State at:<\/span><\/p>\n

          – Region I: <\/span>4,680,000<\/span> VND\/month<\/span><\/p>\n

          – Region II: <\/span>4,160,000<\/span> VND\/month<\/span><\/p>\n

          – Region III: <\/span>3,640,000<\/span> VND\/month<\/span><\/p>\n

          – Region IV: <\/span>3,250,000<\/span> VND\/month<\/span><\/p>\n

          If paying wages lower than this prescribed level, employers will be fined from 20 to 75 million VND. <\/span>Pursuant to Clause 3, Article 17 of Decree 12\/2022\/ND-CP Effective date: January 17, 2022.<\/span><\/p>\n

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          1. \n

            It is not allowed to keep the original identity papers, diplomas, and certificates of employees<\/b><\/h2>\n<\/li>\n<\/ol>\n

            If the Employer keeps the original identity papers, diplomas, and certificates of employees, he\/she will be fined from 20 to 25 million VND and must return the money to the employee.<\/span><\/p>\n

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            1. \n

              Requiring employees to pay money to sign a labor contract<\/b><\/h2>\n<\/li>\n<\/ol>\n

              If an employer violates the above provisions, he\/she will be fined from 20-25 million VND and must return the money to the employee.<\/span><\/p>\n

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              1. \n

                Overtime wages<\/b><\/h2>\n<\/li>\n<\/ol>\n

                \"Overtime<\/p>\n

                During the day:<\/span><\/p>\n

                – Normal days: 150% (salary Actual hourly wage * 150% * overtime hours)<\/span><\/p>\n

                – Holidays: 200% (actual hourly wage * 200% * overtime hours)<\/span><\/p>\n

                – Holidays: 300% (actual hourly wage * 300% * overtime hours)<\/span><\/p>\n

                At night:<\/span><\/p>\n

                – Normal days (Employees do not work during the day): 200% (actual hourly wage * 200% * overtime hours) more)<\/span><\/p>\n

                – Normal days (Employees working during the day): 210% (actual hourly wages * 210% * overtime hours)<\/span><\/p>\n

                – Holidays: 270% (actual hourly wages * 270% * overtime hours)<\/span><\/p>\n

                – Holidays: 390% (actual hourly wages * 390% * overtime hours)<\/span><\/p>\n

                According to Article 106 of the Labor Law, nighttime working hours are calculated from 10:00 p.m. to 6:00 a.m. the next day. If the employer does not pay the correct salary, they will be fined from 5-50 million VND.<\/span><\/p>\n

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                1. \n

                  Holidays and leave are regulated<\/b><\/h2>\n<\/li>\n<\/ol>\n

                  According to the 2019 Labor Law, Code No.: 45\/2019\/QH14, effective from January 1, 2021, employees will have 11 days off for holidays and Tet, with full pay.<\/span><\/p>\n