Not registering labor regulations: How much are businesses penalized?

Failing to comply with registering labor regulations according to legal requirements may result in the business facing administrative fines. The process and procedures for registering labor regulations include preparing documents, requesting documents, and complying with prescribed deadlines. This article will analyze in detail issues related to penalties when businesses do not register labor regulations.

Is it mandatory to register labor regulations?

According to Clause 1, Article 119 of the Labor Code 2019, employers employing 10 or more employees must register labor regulations at the specialized labor agency under the Provincial People’s Committee where the employer registers business.

Thus, when employing 10 or more employees, businesses are required to register labor regulations. Registering labor regulations is one of the employer’s obligations to ensure the legal rights and interests of employees. At the same time, helping businesses build a professional working environment that complies with the law.

Procedures for registering labor regulations

To carry out the procedure for registering labor regulations, businesses need to comply with the correct process and prepare complete documents according to regulations.

Prepare documents

The application for registration of labor regulations includes the following documents:

• Written request for registration of labor regulations;
• Labor regulations are issued by the employer;
• Written comments from the grassroots employee representative organization for places where there is a grassroots employee representative organization;
• Documents of the employer containing regulations related to labor discipline and material responsibility (if any);
• Authorization letter to carry out procedures if the legal representative is not performing the work.

Documents need to be prepared fully and accurately to avoid returns or additional requests, prolonging the procedure time.

Implementation process

The process of registering labor regulations is carried out according to the following steps:

• Submit application: Within 10 days before the issuance of labor regulations, the employer must submit the registration application.
• Receiving documents: After receiving all valid documents, the competent agency will issue a confirmation of receipt of documents to the employer.
• Appraisal and notification: Within 07 working days from the date of receiving the application for registration of labor regulations, if the content of the labor regulations contains provisions contrary to the law, the specialized labor agency under the Provincial People’s Committee shall notify and guide the employer to amend, supplement and re-register.
• Effective: After 15 working days from the date the competent authority receives complete valid documents or re-registration documents, if there is no request for amendment or supplementation, the labor regulations will take effect.

How much is the penalty for not registering the enterprise’s labor regulations?

According to the provisions of Point b, Clause 2, Article 19 of Decree 12/2022/ND-CP, failure to register labor regulations can be fined from 5,000,000 VND to 10,000,000 VND. Accordingly, in Clause 1, Article 6 of Decree 12/2022/ND-CP, the above fine applies to individuals. The fine for organizations is 2 times the fine for individuals

Thus, when an enterprise is required to register labor regulations but does not do so, it may be administratively sanctioned with fines ranging from 5,000,000 VND to 10,000,000 VND for individuals and from 10,000,000 VND to 20,000,000 VND for violating organizations.

Frequently asked questions about registering labor regulations

Do newly established businesses need to register labor regulations immediately?

If a newly established enterprise employs 10 or more employees, within 10 days from the date of promulgation of labor regulations, the employer must submit an application to register labor regulations.

Do labor regulations need to be updated when there are changes in labor laws?

Enterprises need to update labor regulations to ensure compliance with the latest provisions of labor law.

What role does the employee representative organization at the facility play in the process of registering labor regulations?

The representative organization of workers at the facility has the role of contributing opinions to labor regulations, ensuring the rights and interests of workers.

What are the consequences of not registering labor regulations in accordance with the law?

If a business fails to register its labor regulations, it may face administrative fines, legal disputes, and complications in case of labor disputes with employees.

How can a business ensure it is compliant with labor regulation registration requirements?

To ensure compliance, a business should familiarize itself with local labor laws, prepare and submit its internal labor regulations to the relevant authorities, and keep updated on any changes in the law.

Consulting services and guidance on registering labor regulations for businesses

Long Phan Consulting Company provides consulting services and guidance on registering labor regulations for businesses. We understand that the process of registering labor regulations can be complicated and requires a deep understanding of labor laws. Below are our services to help you register labor regulations quickly and effectively:

• Consulting on cases where labor content registration is required;
• Consulting, guiding or directly drafting labor regulations;
• Review, edit and supplement labor regulations for businesses;
• Consulting and guidance on drafting regulations registration documents;
• Consulting with competent authorities to resolve;
• Instructions on the order and procedures for registering labor regulations;
• Representing customers to carry out procedures for registering labor regulations;
• Consulting and guidance on explaining and supplementing documents (if any);
• Consulting and answering other related issues.

Registering labor regulations is the responsibility of businesses employing 10 or more employees. To avoid fines and ensure compliance with the law, businesses should proactively carry out procedures to register labor regulations in accordance with regulations. If you have any questions, you can contact Long Phan Consulting Company via the hotline: 0906735386 for timely advice and support.