Being disciplined illegally, what should employees do? To manage employees, each enterprise sets certain rules and regulations recorded in the internal labor regulations. If violated, the employee will be subject to labor discipline. So, is there any case of a violation that is not subject to labor discipline? Let us learn about this topic with LSX law firm as follow:
7 cases where labor discipline is not handled
Under Articles 122 and Article 208 of the Labor Code 2019 and the guidance in Article 70 of Decree 145/2020/ND-CP, an employee will not be subject to labor discipline if they fall into one of the following cases:
1 – The employee is on sick and convalescent leave; leave with the consent of the employer.
2 – The employee is being held in custody or temporary detention.
3 – The employee is waiting for the results of the competent agency to investigate; verify and conclude for violations: theft, embezzlement, gambling, intentional injury, drug use at the workplace work; disclosing business secrets, technology secrets, infringing upon intellectual property rights;…
4 – Female pregnant employees; employees, took maternity leave; raising children under 12 months old.
5 – Also, the employee violates labor discipline while suffering from a mental illness or another disease that causes loss of awareness or ability to control behavior.
6 – The statute of limitations for handling labor discipline has expired.
7 – Workers and leaders strike.
For cases (1), (2), (3), (4), the employee will be; temporarily not disciplined during the time for the above reasons. But suppose the statute of limitations for handling labor is; still expired, or the statute of limitations expires. In that case, the employer may still extend the statute of limitations and conduct labor discipline according to the law.
Meanwhile, cases (5), (6), (7) are as not disciplining employees, not temporarily not handling them. Therefore, employees, in this case, will certainly not be subject to labor discipline.
Being disciplined illegally, what should employees do?
Suppose the employee falls into the following cases where they are not subject to labor discipline, but the enterprise still conducts disciplinary action. In that case, the employee should know and follow one of the following methods to reclaim their legitimate rights:
Method 1. Complaint about the decision on handling of labor discipline.
The employee makes the first complaint to the employer, asking to cancel the decision on disciplinary action.
Suppose it is; not resolved or disagrees with the settlement. In that case, the employee makes a second complaint to the Chief Inspector of the Department of Labor, War Invalids, and Social Affairs, where the employer is; headquartered.
Under: Article 131 of the Labor Code 2019 and Decree 24/2018/ND-CP.
Option 2. File a lawsuit at Court if being; disciplined in the form of dismissal.
According to the provisions of Article 188 of the Labor Code 2019; In case there is a dispute related to the handling of labor discipline in the form of dismissal, the employee may initiate a lawsuit directly at the Court according to the civil procedure.
Accordingly, articles 32, 35, and 39 of the 2015 Civil Procedure Code; The employee needs to send a petition to the People’s Court of the district; where the enterprise located to have acception and resolution under the legal procedures.
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Related questions
In general, discipline is the general rules of conduct of a community or social organization that everyone must follow in order to create a unity of action to achieve high quality and efficiency.
Illegal acts are acts performed contrary to the provisions of law and social ethics.
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