Internal labor regulations are a document issued by the employer to create and maintain discipline in the labor of the unit and improve the productivity, quality and efficiency of the production and business process. In addition, the labor regulations are also the basis for disciplining employees who commit violations. Hong Bang Law Firm with experienced team in the field of Enterprise – Labor, would like to send to clients consulting services to draft internal labor regulations.

The basis for drafting internal labor regulations in Vietnam

• The employer may base and the production and business situation of the unit to draft internal labor regulations in accordance with the provisions of labor law.
• The employer may obtain the drafting of the Union executive committee or the representative of the employee.
• After the drafting has been completed, the employer signs a decision to publish the interna labor regulations and public notices in the unit and if the unit has more than 10 employees, it is necessary to register the interna labor regulations at the competent state agency.

Contents of internal labor regulations in accordance with Vietnamese law

According to Article 118 of the Labor Code 2019:

“1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.

The contents of the internal labor regulations shall not be contrary to labor laws or to relevant legal provisions.  The internal labor regulations shall include the following key contents:

• • Working hours and rest periods;
  • Order at the workplace;
  • Occupational safety and health;
  • Actions against sexual harassment in the workplace;
  • Protection of the assets and technological and business secrets and intellectual property of the employer;
  • Cases in which reassignment of employees are permitted;
  • Violations against labor regulations and disciplinary measures;
  • Material responsibility;
  • The person having the competence to take disciplinary measures.

Before issuing or revising the internal labor regulations, the employer shall consult the employee representative organization (if any).

Employees must be notified of the internal labor regulations, and the major contents must be displayed at the workplace where they are necessary.”

Based on the above provisions, employers are employing 10 or more employees, the company is required to have internal labor regulations. Accordingly, the Internal Labor Regulations are required to be in written form and include the following main contents:

Regulations on working and resting time of the company

• Stipulate normal working hours in 01 day, in 01 week;
• Shift;
• The time of starting and the time of the end of the shift;
• Overtime (if any);
• Overtime in special cases;
• The time of short breaks outside of the half-time break;
• Shift break;
• Weekly holidays;
• Annual leave, separate leave, unpaid leave;

Regulations on order at the workplace

• Scope of working and traveling during working hours;
• Culture of behavior and costumes;
• Comply with the assignment and mobilization of the employer (except for cases where the risk of occupational accidents, occupational diseases, serious threats to his life and health is clearly visible).

Regulations on occupational safety and health at the workplace

• Be responsible for mastering regulations on occupational safety, hygiene and fire prevention;
• Comply with measures to ensure occupational safety, occupational hygiene and prevention of occupational accidents and occupational diseases;
• Comply with regulations, procedures, regulations and standards for occupational safety and hygiene; use and preservation of personal protective means;
• Cleansing, detoxification, disinfection at the workplace;
• Protect assets, technological secrets, business secrets, intellectual property of employers: List of assets, documents, technological secrets, business secrets, intellectual property must be protected within the scope of assigned responsibilities;
• Violations of labor discipline, forms of handling of labor discipline and material responsibility: List of violations, the extent of violations corresponding to the forms of labor discipline; the extent of damage, liability for damages.

Services provided by Hong Bang Law

• Advise clients to draft or directly draft internal labor regulations.
• Advising on procedures for registration of internal labor regulations.
• Represent clents to register labor regulations.
• Represent the client working with the competent authority.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!