Procedures for terminating labor contracts with foreigners. Procedures for terminating labor contracts with foreigners when voluntarily resigning. Let us learn about this topic with LSX law firm as follow:
Procedures for terminating labor contracts with foreigners when voluntarily resigning
According to the labor law; if the employee’s application for unpaid leave is specified in the Labor Regulations or the Collective Labor Agreement; is in the case of temporary suspension of the labor contract; the Company shall apply the provisions of Articles 32,33 and Article 38 of the Labor Code; to exercise the right to unilaterally terminate labor contracts with employees.
That is after 15 days from the expiry date of the temporary suspension of the labor contract; If the employee does not return to work; the Company shall exercise the right to unilaterally terminate the labor contract for this foreign worker.
In order to unilaterally terminate the labor contract for this employee; the Company must give notice (in writing) to the employee at least 30 (working) days.
If the employee’s resignation is not a case of temporary suspension of the labor contract; The Company must take disciplinary action against this employee in the form of dismissal; because he voluntarily quits his job for 5 days in a month without a valid reason as prescribed in Clause 3, Article 126 of the Labor Code. motion.
The implementation of labor discipline in the form of dismissal for this employee must comply with the legal provisions on the order; and procedures for handling labor discipline, guided as below:
LABOR DISCIPLINE DOCUMENTS INCLUDED for procedures for terminating labor contracts with foreigners
+ Report of the employee: (If any)
Relevant documents such as:
– Minutes of the incident (report of the management unit);
– Denunciation form, invoice voucher, and other documents (if any).
+ Profile is added in the following cases:
– In case the litigant is absent; the written notice must be sent three times: 03 times must be invited (Form of invitation notice is attached)
– In case of leaving a job with a legitimate reason, the documents considered to have a good reason are:
Due to a natural disaster or fire; it must be certified by the People’s Committee of the commune or ward where it occurs;
If you are sick; you must have a certificate of sick leave from a competent medical facility as prescribed by law; or certified by a legally established medical facility for examination and treatment;
Because a relative is sick in an emergency; and certified by a legally established medical facility to receive examination and treatment; Sick relatives include Father, biological mother; father, mother-in-law or husband; wife or husband; child).
ORGANIZATION OF LABOR DISCIPLINE for terminating labor contracts with foreigners
The content of the meeting includes:
Firstly, the employee presents a report of the incident. If the employee’s report is not available, the chairperson shall present a record of the occurrence; or discovery of the incident (specifying the reason for the absence of the report).
Secondly, the chairperson presents the disciplinary handling file.
Thirdly, presented by the witness (if any).
Moreover, the person in charge of proving the fault of the employee; and determining the violation corresponding to the form of labor discipline in accordance with the law has been concretized in the internal labor regulations.
In addition, the representative of the grassroots trade union executive committee; or the provisional executive committee of the trade union in the unit; the involved party, the litigant’s defense person (if any); comment on the content that the chairperson proves the fault of the employee and determine whether the violation is right or wrong in accordance with the right; or wrong form of labor discipline in accordance with the law and labor regulations.
Furthermore, conclusion of the chairperson on the disciplinary violation corresponding to the form of labor discipline.
Additionally, approve and sign the minutes.
Finally, the employer signs the decision on labor discipline.
When conducting labor discipline, it is necessary to make a Minute: The Minute form we have drafted and sent to your Company attached to this advisory document.
PERSON WITH AUTHORITY TO DISCIPLINE BY DISCIPLINE.
The person competent to handle violations of labor discipline, including temporarily suspending work, is defined as the employer; the person authorized by the employer may only handle labor discipline in the form of reprimand. Other forms of discipline are authorized only in the absence of the employer and must be in writing.
DECISION ON DISCIPLINE HANDLING IN THE FORM OF DISCIPLINE.
Persons competent to handle violations of labor discipline must issue a decision in writing (except in the form of oral reprimand), in case of disciplinary action in the form of dismissal, the employer must exchange, agreed with the Executive Committee of the grassroots Trade Union. In case of disagreement, the Executive Committee of the grassroots trade union reports to the immediate superior trade union, and the employer reports to the Department of Labor, War Invalids, and Social Affairs. After 20 days from the date of reporting to the Department of Labor – Invalids and Social Affairs, the new employer has the right to make a disciplinary decision and take responsibility for his or her decision.
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