Chương XVI Luật Lao động 1994: Thanh tra nhà nước về lao động, xử phạt vi phạm pháp luật lao động

Chapter XVI

STATE INSPECTION ON LABOR, SANCTIONS AGAINST VIOLATIONS OF LABOR LEGISLATION

SECTION I.- STATE INSPECTION ON LABOR

Article 185.- The State inspection on labor includes inspections of labor, labor safety and labor sanitation.

The Ministry of Labor, War Invalids and Social Welfare shall inspect labor and labor safety. The Ministry of Public Health and local medical offices shall inspect labor sanitation;

Article 186.- The State inspection on labor is to fulfill the following main tasks:

1- Inspecting the observance of regulations on labor, labor safety and labor sanitation;

2- Investigating labor accidents and violations of the standards of labor sanitation;

3- Examining and agreeing upon standards for measures for labor safety in economic and technical feasibility and design plans, along with registering and authorizing the use of machinery, equipment and materials requiring high levels of labor safety, identified in a list drafted by the Ministry of Labor, War Invalids and Social Welfare;

4- Participating in the examination and approval of the location of, and the application of labor sanitation measures at, new or upgraded establishments designed to produce, utilize, maintain, store or stockpile radio-active and poisonous substances listed in the description by the Ministry of Public Health;

5- Settling complaints and denunciations of employees of violations of the labor legislation; and

6- Deciding on the sanctions against violations of the labor legislation within its jurisdiction and recommending the competent authorities to handle the violations under their jurisdiction.

Article 187.- When conducting the inspection, the labor inspector has the right to:

1- Inspect and investigate and places and objects under his/her inspection mandate at any time and without advance notice;

2- Request the employer and other related persons to supply documents relevant to the inspection and investigation;

3- Receive and settle complaints and denunciations about violations of the labor legislation, as prescribed by law;

4- Suspend temporarily the use of machines, equipment and work places which threaten to cause labor accidents or serious pollution of the work environment. He/she must take responsibility for this decision and immediately report it to the competent State authority.

Article 188.- The labor inspector must be a person which has no personal interest directly or indirectly related to the subject of the inspection. The labor inspector must not, even after having quit his/her job, disclose confidential information he/she had acquired during the discharge of the inspection services and must keep absolutely secret all sources of complaints.

Article 189.- During the inspection, the inspector must closely cooperate with the Executive Committee of the local Trade Union. If the inspection involves scientific, technical or professional matters, the labor inspector may utilize the appropriate experts or skilled technicians as consultants. During the inspection of machines, equipment or storage, the employer and the direct operator or custodian of the machines, equipment or storage must be present.

Article 190.- The labor inspector shall directly hand the decision to the concerned person. The decision must clearly specify the date when the decision begins to take effect, the date when the implementation of the decision must be completed and, if necessary, the date of re-inspection.

The decision of the labor inspector is binding.

The recipient of the decision is entitled to appeal to the competent State authority, while continuing to abide by in good faith the decision of the labor inspector.

Article 191.-

1- The Government shall define the organization and operation of the State Inspector on Labor.

2- The Ministry of Labor, War Invalids and Social Welfare and the Ministry of Public Health shall establish the organizations of State inspection on labor within their own jurisdiction and functions, set the standards for recruitment, appointment, transfer, removal or dismissal of inspectors, issue inspector cards and determine the procedures for periodical or unwarranted inspections and other necessary rules and procedures.

3- The inspection of labor safety and labor sanitation at establishments in radioactivity, oil and gas prospection and exploitation, in railway, water, land and air transport, and at units of the armed forces, shall be done by the management offices of these services in collaboration with the State Inspection on Labor.

SECTION II.- HANDLING VIOLATIONS OF LABOR LEGISLATION

Article 192.- Any person who violates the provisions of this Code shall, depending on the extent of his/her violation, be subjected to one of these sanctions; reprimand, fine, suspension, withdrawal of license, forcible compensation, closing of business or investigation for penal liability, as stipulated by law.

Article 193.- Any person who engages in an act of obstruction, bribery or retaliation to ward a person authorized under this Code during the execution of public service shall, depending on the extent of his/her offense, be subjected to discipline, administrative sanction or to be investigated for penal liability, as prescribed by law.

Article 194.- Business owners shall take civil responsibility for the decision of the competent State authority to apply sanctions against directors, managers or lawful representatives of a business for violations of the labor legislation that occurs in the process of managing the labor force, as prescribed by law. The responsibility of these persons to compensate the business shall be determined in accordance with the statute and rules of the business and/or with the responsibility contract between the signatories, or with the provisions of law.

Article 195.- The Government shall establish administrative sanctions against violations of the labor legislation.