Advisory lawyer:

The first,The working age of minor workers is specified in Article 143 of the 2019 Labor Code as follows:

“A minor worker is a worker who is under 18 years old.”

Thus, your 17 year old younger brother is a minor worker.

Monday,Review the legality of labor contracts for minor workers.

Firstly, the working time of minor workers is specified in Clause 2, Article 146 of the 2019 Labor Code as follows:

"2. The working hours of people from 15 years old to under 18 years old must not exceed 08 hours in 01 days and 40 hours in 01 week. People from 15 years old to under 18 years old can work overtime or work at night in a number of occupations and jobs according to the list issued by the Minister of Labor, War Invalids and Social Affairs.

According to the information you provided, the fact that your 17-year-old brother has to work 13 hours a day is contrary to the principles of using underage workers stipulated in the 2019 Labor Code.

Second is the salary issue. Pursuant to Clause 1, Article 90 of the 2019 Labor Code stipulates as follows:

"first. Wage is the amount of money an employer pays an employee according to an agreement to perform work, including salary according to job or title, salary allowances and other additional payments.

The minimum wage is specified in Article 91 of the 2019 Labor Code, and the regional minimum wage is specified in detail in Article 3 of Decree 90/2019/ND-CP.

Because your younger brother works as a security guard for Dai Hung Long company, the salary is based on the agreement between the employer and your younger brother. However, this salary cannot be lower than the regional minimum salary prescribed by the Government. Depending on the area where the company operates, the minimum salary of each area will be different. To know which area the company operates in, you need to look up the Appendix issued with Decree 90/2019/ND-CP. However, this is only the salary for normal working hours (8 hours/day).

Your younger brother works 13 hours/day, so it can be determined that your younger brother's working time is calculated as 8 hours as normal working time and 5 hours as overtime.

Pursuant to Article 97 of the 2019 Labor Code, regulations on wages for overtime and night work. However, because the information you provided is not specific about what time period the working time begins, it is impossible to determine exactly which case the extra working time falls into because each case is different. Salary calculated during overtime will vary according to different levels.