05 notes for enterprises when using employees with disabilities

Laws always have a high priority for people with disabilities. Therefore, enterprises must pay attention to a number of problems when using employees being people with disabilities.

1.  No labor discrimination between employees with disabilities and others

Clause 1, Article 8 of the Labor Code 2019 especially prohibits the labor discrimination in labor, within that, including an act of practicing discrimination, exclusion, or preference based on disabled conditions.

Accordingly, employees with disabilities must be created with working conditions and other rights as others.

A fine ranging from VND 05 - VND 10 million shall be imposed on any employer for having discrimination acts between disabilities and other employees in accordance with Point a, Clause 2, Article 8 of the Decree No. 12/2022/ND-CP.

2. Health check-ups for employees with disabilities

In accordance with Clause 1, Article 159, employers must ensure working conditions, working tools, and occupational safety and health and organize regular health checkups suitably for employees with disabilities.

In accordance with the Article 21 of the Law on Occupational Safety and Health, Employers shall provide health check-ups for employees with disabilities at least once every six months

A fine of between VND 01 million - VND 03 million per disability shall be imposed on the employer for not providing health check-ups with a total fine of no more than VND 75 million.

3. Not arrange employees with disabilities to perform heavy, hazardous, or dangerous jobs

In accordance with Clause 1, Article 159, employers must ensure working conditions, working tools, and occupational safety and health suitably to employees with disabilities.

Also, in accordance with Clause 2, Article 160 of the Labor Code 2019 especially prohibit the acts as follows:

2. Employing workers being persons with disabilities to perform heavy, hazardous or dangerous jobs on the list issued by the Minister of Labor, Invalids and Social Affairs without the consent of these persons after having provided them with sufficient information about such jobs.

Therefore, heavy, hazardous or dangerous jobs on the list issued by the Ministry of Labor, Invalids and Social Affairs, enterprises must supply full information on work for employees with disabilities.

After receiving approval from employees with disabilities, enterprises are allowed to use employees with disabilities to perform heavy, hazardous or dangerous jobs.
 

Not arrange employees with disabilities to perform heavy jobs (Illustration)

4. Employees with disabilities have annual leaves with 14 days

For the annual leaves, Point b, Clause 1, Article 113 of the Labor Code 2019 prescribes that:

1. The employee who has been working for the employer for full 12 months is entitled to a fully paid annual leave as stated in his/her labor contract, which is prescribed as follows:

b/ Fourteen working days, for juvenile employees, employees being persons with disabilities, or persons doing heavy, hazardous or dangerous jobs;

Accordingly, the employees with disabilities who have been working for the employers for the full 12 months are entitled to the fully paid annual leave of 14 days.

Especially, for every full 5 years during which the employee has worked for the employer, 1 day shall be added to the number of annual leave days of the employee (Article 114, Labor Code 2019).

In the case that the employees who have been working under 12 months, they shall be entitled to the annual leaves with the relevant percentage with the working months.

5.  Not arrange for employees to work overtime unless they so agree

Clause 1, Article 160 of the Labor Code 2019 prohibits the acts as:

1. Employing workers being persons with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities to work overtime or at night, unless those persons so agree.

Therefore, employees with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities only work overtime or at night unless they agree.

A fine of between VND 5 million and VND 10 million for any employer that employs workers being persons with mild disabilities who have lost 51% or more of their working capacity and persons with serious or extremely serious disabilities to work overtime or at night (Point b, Clause 1, Article 31, the Decree No. 12/2022/ND-CP).

However, for the employees with mild disabilities who have lost under 51%, employers can arrange the time for them to work at night without any violation.