Being disciplined inadequately, what should an employee do? Labor discipline is one of the ways to maintain order and order in the enterprise. However, many businesses have abused this. So when being; disciplined is not satisfactory, what should employees do? Let us learn about this topic with LSX law firm as follow:
The Labor Code 2019 stipulates the rights of employees when being; disciplined inappropriately; infringing upon their rights and interests. Accordingly, employees are; required to settle according to two mechanisms: complaints (according to administrative procedures); and lawsuits (according to judicial procedures).
Being disciplined inadequately, employee should complaint about disciplinary action decision
New regulations employees should know in labor contracts. According to the provisions of Article 15 of Decree 24/2018/ND-CP; first of all, the employee requests the competent employer to settle the first-time complaint against his/her decision. The statute of limitations for filing a complaint is 180 days from the date of receipt; or knowledge of the decision (Clause 1, Article 7 of Decree 24/2018/ND-CP).
In case of disagreement or if the employer does not resolve it within 30 days; the employee is; entitled to complain to the Chief Inspector of the Department of Labor; War Invalids and Social Affairs, where the enterprise’s head office is located.
Chief Inspector of the Ministry of Labor; War Invalids and Social Affairs is the final subject of the settlement of complaints of employees according to administrative procedures.
Being disciplined inadequately, employee should file a lawsuit against a disciplinary decision
Obligations when unilaterally terminating the labor contract. Before filing a lawsuit requesting the Court to settle, the employee must conduct conciliation at the labor mediator, except for the case of being; disciplined in the form of dismissal.
In case the conciliation fails or the employer fails to implement the conciliation plan or after 05 working days the labor conciliator fails to conciliate, the employee initiates a lawsuit to request the court to settle.
The statute of limitations for requesting a labor mediator to conduct conciliation is 06 months, and the statute of limitations for requesting a court to settle is 01 year, from the date of realizing the disciplinary decision is unsatisfactory.
While waiting for the competent authority to settle, the employee who is; disciplined must still comply with the decision on labor discipline. However, in reality, when the labor discipline in the form of dismissal is not correct, it is very difficult for the employee to return to work.
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Related questions
Unilateral termination of an employment contract is a case; in which one party to the employment relationship wishes to terminate the employment relationship without any agreement; also agreement with the other party in accordance with the law. In case unilaterally terminating the labor contract in contravention of the law; there may arise a problem of compensation for damage.
In general, the subject of regulation of the labor law is the social relations related to the employer (labor relations); and the relations arising in the process of using the labor (relationships related to the labor relations) including employment relationship; apprenticeship relationship, damage compensation relationship; social insurance relationship, relationship between employer and representative of the labor collective; dispute settlement relationship labor disputes and strikes, relations on labor management
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