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Labor discipline under Vietnam law

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Legal grounds

  • Labor Code 2019.

Labor discipline under Vietnam law

From a legal perspective as a regulation of the Labor Law, labor discipline is understood as a collection of legal norms that stipulate the responsibilities and obligations of employees towards agencies, units and organizations. as well as handling measures for those who do not comply or do not fully comply with such responsibilities and obligations.

The Labor Code of the Socialist Republic of Vietnam in 1994 as well as the Labor Code in 2019 both define “labor discipline as regulations on compliance with technological time, production and business management”. business is reflected in the labor regulations of the unit” (Article 82 of the Labor Code 1994 and Article 118 of the Labor Code 2019). Inheriting and promoting the spirit of the above provisions and at the same time to clarify the meaning of this concept, the Labor Code 2019 (Article 117) stipulates:

Labor discipline is the regulations on compliance with time, technology and production and business management promulgated by the employer in the labor regulations and prescribed by law.

Thus, according to Vietnamese labor law, labor discipline consists of four main groups. These are the discipline of time, discipline of operations, discipline of technology and security, discipline of security and property. These disciplinary groups mainly revolve around labor relations and the stability of production and business of the enterprise as promulgated by the employer in the internal labor regulations and prescribed by law. Therefore, it can also be understood that the concept of labor discipline according to the Labor Code is the labor discipline within the scope of the enterprise and the concept of labor discipline in the narrow sense.

What are the labor regulations?

1. Employers must promulgate labor regulations. If employing 10 or more employees, the labor regulations must be in writing.

2. Contents of labor regulations must not contravene the labor law and relevant laws. Labor regulations include the following main contents:

a) Working time and rest time;

b) Order at the workplace;

c) Occupational safety and hygiene;

d) Preventing and combating sexual harassment at work; order and procedures for handling sexual harassment at the workplace;

dd) The protection of assets and business secrets, technology secrets and intellectual property of the employer;

e) In case the employee is temporarily transferred to work other than the labor contract;

g) Violations against labor discipline by employees and forms of labor discipline;

h) Material liability;

i) Persons competent to handle labor discipline.

3. Before promulgating labor regulations or amending and supplementing labor regulations, the employer must consult the representative organization of employees at the grassroots level for the place where the representative organization is located. workers at the facility.

4. Labor regulations must be notified to employees and the main contents must be posted at necessary places at the workplace.

How to register current labor regulations?

1. Employers employing 10 or more employees must register their labor regulations at the specialized labor agency under the People’s Committee of the province where the employer registers its business.

2. Within 10 days from the date of promulgation of the labor regulations, the employer must submit an application for registration of the labor regulations.

3. Within 07 working days from the date of receiving the application for registration of labor regulations, if the contents of the labor regulations are contrary to the law, the specialized labor agency under the People’s Committee of the People’s Committee shall The provincial level shall notify and guide the employer to amend, supplement and re-register.

4. Employers with branches, units, production and business establishments located in many different areas shall send the registered labor regulations to the specialized labor agency under the Commission. the people of the province where the branch, unit, production and business establishment is located.

5. Based on specific conditions, the specialized labor agency affiliated to the provincial People’s Committee may authorize the specialized labor agency affiliated to the district People’s Committee to register the labor regulations in accordance with the provisions of this Article.

Principles, order and procedures for handling labor discipline

1. The handling of labor discipline is prescribed as follows:

a) The employer must prove the fault of the employee;

b) There must be the participation of the representative organization of employees at the establishment of which the employee being disciplined is a member;

c) The employee must be present and have the right to defend himself, ask a lawyer or the employee’s representative organization to defend; in case the person is under 15 years old, the legal representative must be present;

d) The handling of labor discipline must be recorded in writing.

2. Not to apply many forms of labor discipline for a violation of labor discipline.

3. When an employee concurrently commits many violations of labor discipline, only the highest form of discipline corresponding to the heaviest violation shall be applied.

4. Not subject to labor discipline for employees who are in the following period:

a) Sick leave, convalescence; leave with the consent of the employer;

b) Being held in custody or temporary detention;

c) Waiting for the results of the agency competent to investigate, verify and draw conclusions for the violations specified in Clauses 1 and 2, Article 125 of this Code;

d) Pregnant female employees; employees taking maternity leave, raising children under 12 months old.

5. Failing to handle labor discipline for employees who violate labor discipline while suffering from mental illness or another disease that causes loss of awareness or ability to control their behavior.

How long is the statute of limitations for handling labor discipline?

1. The statute of limitations for handling labor discipline is 06 months from the date of occurrence of the violation; in case the violation is directly related to finance, property, disclosure of technology secrets or business secrets of the employer, the statute of limitations for handling labor discipline is 12 months.

2. Upon the expiration of the time limit specified in Clause 4, Article 122 of this Code, if the statute of limitations expires or the statute of limitations is still there but is less than 60 days, the statute of limitations may be extended for handling labor discipline but not exceeding 60 days after the expiration of the period. from the date of expiration of the above period.

3. The employer must issue a decision on disciplinary action against the employee within the time limit specified in Clauses 1 and 2 of this Article.

When to apply dismissal discipline?

Disciplinary handling of dismissal is applied by the employer in the following cases:

1. Employees commit acts of theft, embezzlement, gambling, intentionally causing injury, or using drugs at the workplace;

2. Employees have acts of disclosing business secrets, technology secrets, infringing upon the intellectual property rights of employers, committing acts of causing serious damage or threatening to cause special damage seriously about the property, the interests of the employer or sexual harassment at the workplace specified in the labor regulations;

3. The employee who is disciplined for prolonging the salary increase or dismissed from office but re-commits the offense while the discipline has not been removed. Recidivism is the case where the employee repeats the violation that has been disciplined but has not yet been disciplined as prescribed in Article 126 of this Code;

4. The employee voluntarily quits work for 5 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntarily quitting without a valid reason.

Cases that are considered to have legitimate reasons include natural disasters, fires, themselves and their sick relatives certified by competent medical examination and treatment establishments and other cases specified in the internal labor regulations.

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Frequently asked questions

What is the current form of labor discipline?

+ Reprimand.
+ Extend the time limit for salary increase to no more than 06 months.
+ Resignation.
+ Dismissal.

What are the prohibited acts when handling labor discipline?

Infringing upon the health, honor, life, reputation and dignity of employees.
Imposing fines, cut wages instead of handling labor discipline.
Handling labor discipline for employees who commit violations that are not specified in the internal labor regulations or are not agreed upon in the signed labor contracts or are not provided for by the labor law.

How to remove discipline and reduce the time limit for observing labor discipline?

The employee is reprimanded after 03 months or disciplined for extending the salary increase period after 06 months or disciplined and dismissed after 03 years from the date of being handled, if the employee does not continue to violate the discipline. labor is of course removed from discipline.
The employee who is disciplined in extending the salary increase period after serving half of the time limit, if the improvement is progressive, may be considered by the employer to reduce the time limit.

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