Recruitment service
In accordance with the provisions of the law, the human resource recruitment is considered a premise for the recruitment process because this is the first very basic stage of the labor organization process.
When performing well the recruitment activities, other activities of analyzing, evaluating, classifying labor, the size and method of allocating labor to accomplish the objectives, functions of the unit, management requirements, etc. of the enterprise can be performed efficiently and conveniently.
VinaSC specializes in providing recruitment services. With a team of experienced consultants and a large source of candidate data operated by VinaSC’s modern recruitment process which will meet the needs of the most appropriate personnel, optimizing costs, times, and effort to expand the business of the enterprise.
Regarding the scope of recruitment service, VinaSC will consult and support enterprises the following contents:
– Pesonnel recruitment;
– Labor contract management;
– Job offers management;
– Referring new personnel process;
– Training;
Personnel recruitment
Pursuant to Article 11 of Labor Code 2019:
– The employer has the right, directly or through a recruitment service organization or a labor outsourcing enterprise, to recruit workers according to the employer’s needs;
– The employees do not have to pay fee for labor recruitment.
What are important notes for enterprises when recruiting labor?
Pursuant to Decree No. 03/2014/ND-CP issued on January 16th, 2014 stipulating the implementation of a number of articles of the out-of-dated Labor Code 2012 on recruitment, specifically on procedures and order of labor recruitment.
Besides, Labor Code 2019 is official valid from January 01st, 2021. Therefore, enterprises need to know the following important notes on recruitment under the new Code:
Firstly, regarding recruitment policies and processes: Enterprises must not discriminate on the basis of gender, ethnicity, skin color, social class, marital status, creed, religion, HIV infection, disability, etc.
Secondly, regarding the age of employees: When recruiting, enterprises should pay attention to whether the age of the employee must be suitable for the job being recruited:
– For the group of employees older than or equal to 18 years old or from 15 to under 18 years old, the jobs allowed to be recruited here are working, freely choosing jobs, occupations, apprenticeships, improving vocational qualifications without discrimination;
– For the group from 13 years old to under 15 years old. The job that is recruited is only light work according to the List of jobs that are allowed to employ people from 13 years old to under 15 years old – as prescribed in Circular 09/2020/TT-BLDTBXH issued on November 12th, 2020;
– For the group under 13 years old, the job is only light work as prescribed in Circular 09/2020/TT-BLDTBXH issued on November 12th, 2020.
Thirdly, about jobs that require workers’ national vocational certificates. Accordingly, Article 35 of the Employment Law stipulates employees doing jobs that directly affect the safety and health of individuals or the community must have a national vocational certificate (Article 28 of Decree 31/2015/ND-CP stipulates the list of jobs requiring a national vocational certificate).
Fourthly, regarding foreign employees:
– Conditions for recruiting foreign workers are generally stricter than the conditions for recruiting Vietnamese workers. Accordingly, foreign workers must meet the conditions specified in Article 151 of the Labor Code 2019.
– Pursuant to the provisions of Article 152 of the Labor Code 2019, enterprises are only allowed to recruit foreign workers to work as managers, executives, transferees and technical workers that Vietnamese workers have not yet met the requirements of production and business needs
This means that, not every business can recruit foreign workers.
In particular, when recruiting foreign workers to work in the territory of Vietnam, enterprises, agencies and organizations must explain their demand for labor use and obtain written approval from competent government agencies.
Fifthly, do not collect money from employees applying for jobs. Pursuant to Clause 2 of Article 11 of the Labor Code 2019 stipulating that enterprises are not allowed to ask candidates to pay recruitment fees;
Sixth, do not falsely advertise jobs. Pursuant to Clause 1 of Article 16 of the Labor Code 2019 requiring enterprises to provide honest information to employees about jobs, working locations, conditions, working hours, rest times, safety, labor hygiene, salary, form of payment, etc.
What violations are imposed on violations of recruitment and labor management?
Pursuant to Article 8 of Decree 12/2022/ND-CP issued on January 17th, 2022 stipulating penalties for administrative violations in the field of labor and social insurance, Vietnamese workers going to work abroad under contract. Specifically:
“Article 8. Violations against regulations on recruitment and management of workers
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on any employer that commits one of the following acts:
…
b) Collecting money from workers participating in labor recruitment;
…
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on any employer that commits one of the following acts:
…
b) Employing workers who have no vocational training or national occupational skill certificates for the occupations or jobs which require workers who have received vocational training or national occupational skill certificates;
3. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed on one of the following acts: enticing; seducing; promising; falsely advertising or using other tricks to deceive workers or recruit workers for labor exploitation or forced labor, but not seriously enough to be examined for penal liability.
4. Remedial measures
Compelling the employer to refund the amounts collected from the worker, for violations prescribed at Point b, Clause 1 of this Article.”
*Note: Above are individual penalty levels. The fines imposed on organization are double of the individual levels.
Thus, when there is a violation of labor recruitment administratively penalized. The level of administrative violation can be up to VND 75,000,000 (for individual); VND 150,000,000 (for organizations) and other additional remedial measures.
Why should enterprises use VinaSC’s recruitment services?
– VinaSC with a professional recruitment team has full ability to develop suitable strategies for each customers;
– VinaSC’s recruitment services fees are optimal in saving costs, resources, and time for businesses;
– VinaSC always supports and consults the most appropriate solutions for special requirements and concerns of enterprises;
– VinaSC has a strict recruitment process to ensure that the selected personnel are the most suitable for the business;
– VinaSC commits to ensure the confidential information related to enterprises, recruitment positions, offline and online personnel.
Please contact us for timely advice and support.
