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| What is the minimum monthly wage for Region 1 in 2023? |
What is the minimum monthly wage?
The monthly minimum wage is the lowest wage used as a basis for negotiation and payment of wages to employees applying the monthly wage payment method, ensuring that the wage according to the job or position of the employee who works enough normal working hours in the month and completes the agreed labor or work norms must not be lower than the monthly minimum wage.
(Clause 1, Article 4, Decree 38/2022/ND-CP)
What is the minimum monthly wage for Region 1 in 2023?
Specifically, in Clause 1, Article 3 of Decree 38/2022/ND-CP, the minimum monthly wage of Region 1 in 2023 is 4,680,000 VND/month.
In which, Region 1 will include the following areas:
- Districts and counties of Gia Lam, Dong Anh, Soc Son, Thanh Tri, Thuong Tin, Hoai Duc, Thach That, Quoc Oai, Thanh Oai, Me Linh, Chuong My and Son Tay town of Hanoi city;
- Ha Long city, Quang Ninh province;
- Districts and counties of Thuy Nguyen, An Duong, An Lao, Vinh Bao, Tien Lang, Cat Hai, Kien Thuy of Hai Phong city;
- Districts, Thu Duc city and Cu Chi, Hoc Mon, Binh Chanh, Nha Be districts of Ho Chi Minh city;
- Bien Hoa and Long Khanh cities and Nhon Trach, Long Thanh, Vinh Cuu, Trang Bom and Xuan Loc districts of Dong Nai province;
- Thu Dau Mot, Thuan An, Di An cities; Ben Cat, Tan Uyen towns and Bau Bang, Bac Tan Uyen, Dau Tieng, Phu Giao districts of Binh Duong province;
- Vung Tau city, Phu My town, Ba Ria - Vung Tau province.
What is the penalty for paying less than the monthly minimum wage?
According to Clause 3, Article 17 of Decree 12/2022/ND-CP, employers will be fined for paying employees lower than the minimum wage prescribed by the Government at the following levels:
- From 20,000,000 VND to 30,000,000 VND for violations involving 01 to 10 employees;
- From 30,000,000 VND to 50,000,000 VND for violations involving 11 to 50 employees;
- From 50,000,000 VND to 75,000,000 VND for violations involving 51 or more employees.
If the violator is an organization, the fine will be twice the fine for an individual (Clause 1, Article 6, Decree 12/2022/ND-CP)
Specifically:
- In case of violation from 01 to 10 employees, the fine will be from 40,000,000 VND to 60,000,000 VND;
- In case of violation from 11 to 50 employees, the fine will be from 60,000,000 VND to 100,000,000 VND;
- In case of violation of 51 employees or more, the fine will be from 100,000,000 VND to 150,000,000 VND;
Instructions for applying minimum wages according to each region
The application of the regional area is determined according to the employer's place of operation as follows:
- Employers operating in a region shall apply the minimum wage prescribed for that region.
- If an employer has units or branches operating in areas with different minimum wages, the unit or branch operating in the area will apply the minimum wage prescribed for that area.
- Employers operating in industrial parks and export processing zones located in areas with different minimum wages shall apply the area with the highest minimum wage.
- Employers operating in an area that has changed its name or split shall temporarily apply the minimum wage prescribed for the area before the name change or split until the Government has new regulations.
- Employers operating in a newly established area from one or more areas with different minimum wages shall apply the minimum wage according to the area with the highest minimum wage.
- Employers operating in a provincial city newly established from one or more localities in region IV shall apply the minimum wage prescribed for the remaining provincial city in Clause 3 of the Appendix issued with Decree 38/2022/ND-CP.
(Clause 3, Article 3, Decree 38/2022/ND-CP)
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