The form of sanction in enterprises and public units is one of the issues that many employees are concerned about. Currently, in order to ensure the interests of employees and business owners, our country’s law stipulates quite diverse forms of disciplinary action and is suitable for each level of violation of employees. However, many people still do not know what discipline is? Time to remove discipline for employees, civil servants, and public employees? Today, LSX Lawfirm will give you an article about “Regulations of Vietnamese law on disciplining“, as follows:
Legal grounds
Labor Code 2019;
Law on Public Employees 2010;
Decree 112/2020/ND-CP on disciplinary handling of cadres, civil servants, and public employees.
What is discipline?
- A discipline is a form of sanction applied at work to employees when there is a violation of the enterprise’s labor regulations; agencies and organizations; or labor law.
- Discipline is understood as the employee’s behavior towards the community; or in the business, or agency; the organization requires people to comply; to create unity from action to work to achieve quality; effective at work.
- During the time of being disciplined, employees may have some rights restricted, and under the supervision of superiors.
Disciplinary forms
Current forms of discipline under the Law on Public Employees include:
- To blame
- Warning
- Forced resignation
- Resignation
- Dismiss;
- Lower salary level;
- Demotion
What is Disciplinary Removal?
Disciplinary removal is understood as a form of discipline that has been applied previously; to handle violations of employees that terminated after the specified time period; if this person does not continue to violate and or violate but is not subject to disciplinary action.
Time to remove discipline for employees, civil servants, and public employees
Clearing discipline is one of the problems face by employees; cadres, civil servants, and public employees are concerned about their benefits.
Firstly, employees
Accordingly to the provisions of Article 126 of the Labor Code 2019; then the time for disciplining employees prescribed as follows:
– Firstly, The employee reprimanded after 03 months, or disciplined for extending the salary increase period after 6 months, or disciplined and dismissed after 03 years from the date of being handle; If you do not continue to violate the labor discipline, the discipline will automatically removed.
– Secondly, The employee disciplined for extending the salary increase period after serving half of the time limit; If the repair is progressive, it may consider by the employer to reduce the time limit.
Thus, the time limit for disciplinary removal will depend on the business owner; or the head of the unit issues a decision on what kind of punishment to apply and how long the discipline is; may be subject to review and disciplinary removal, or reduced the time limit for disciplinary removal. In general, to consider or not depends on the performance of the employee
Secondly, for cadres, civil servants, and public employees
Currently, according to the law, there is no document that sets forth the time limit for disciplinary removal for civil servants, public employees, or officials. This can show that our country’s law managed very closely and strictly on violations of officials; Public servants and public employees who are discipline will not disciplined. Instead, our country’s law details the statute of limitations and the time limit for disciplining cadres, civil servants, and public employees.
Disciplinary actions
General rules
Cadres, civil servants, and public employees shall discipline when performing the following acts: Cadres, civil servants, and public employees commit acts of violating regulations on cadres’ obligations; Public servants; things that cadres, civil servants, and public employees not allowed to do; internal rules and regulations of agencies, organizations, and units; violations of morality, lifestyle; or violate other laws while on duty, they will consider for disciplinary action.
Determine the extent of the violation
The severity of the violation determined as follows:
- Firstly, Violations that cause less serious consequences are violations of small nature and degree of harm, affecting internally, and affecting the reputation of agencies, organizations, and working units.
- Secondly, Violations that cause serious consequences are violations of nature, extent, great harm, impact outside the internal scope, cause bad public opinion among cadres, civil servants, public employees, and the people, and reduce reputation. of agencies, organizations, and working units.
- Thirdly, Violations that cause very serious consequences are violations of great nature, extent, and harm, affecting the whole society, causing very angry public opinion among cadres, civil servants, public employees, and the people. , discrediting agencies, organizations, and working units.
- Finally, Violations that cause particularly serious consequences are violations of particularly great nature, extent, and harm, wide-ranging impacts on the whole society, causing especially urgent public opinion among cadres and civil servants. officials and people, discrediting agencies, organizations, and working units.
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Related questions
Accordingly to the provisions of Article 20 of Decree 112/2020/ND-CP; Competence to discipline cadres is prescribed as follows:
1. Firstly, Levels competent to ratify and decide on the approval of election results are competent to take disciplinary actions, except for the case specified in Clause 2 of this Article;
2. Secondly, For positions and titles in state administrative agencies approved by the National Assembly, the Prime Minister shall issue a decision on disciplinary action.
Accordingly to the provisions of Article 32 of Decree 112/2020/ND-CP; Disciplinary action against public employees shall be carried out according to the following steps:
1. Firstly, Hold a review meeting;
2. Secondly, Establish a Disciplinary Council;
3. Thirdly, Competent authorities issue disciplinary decisions. For the case specified in Clause 4, Article 3 of this Decree, Clause 1 of this Article shall not be implemented. In case a public employee who commits a violation of the law is sentenced to prison by a court but does not enjoy a suspended sentence or is convicted by a court of corrupt behavior, the provisions of Clauses 1 and 2 of this Article shall not be complied with.
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