When violating the company rules set by the enterprise, the employee may be subject to labor discipline. However, when disciplining employees, enterprises must comply with the principles and procedures prescribed by law. So how is the process of disciplining labor? Hong Bang Law Firm would like to send to customers the following advice:

Legal basis

• Labor Code 2019;
• Decree No. 145/2020/ND-CP elaboration of some articles of the labor code on working conditions and labor relations.

Disciplinary forms

There are 04 forms of labor discipline that enterprises are allowed to apply, which are:

• Reprimand.
• Extend the salary increase period by no more than 06 months.
• Dismissed.
• Dismiss.

Procedure of handling labor discipline

The handling of employees violating labor discipline should be ensured in accordance with the prescribed order and procedures. The disciplinary procedure is as follows:

Step 1: Confirm the violation

• In case an employee’s violation is discovered when it is committed, the employer shall prepare a violation record and inform the internal employee representative organization of which the employee is a member, the employee’s legal representative if the employee is under 15.
• In case an employee’s violation is discovered after it is committed, evidence of such violation must be gathered.

Step 2: Organize a meeting to handle labor discipline

Note before holding a meeting on labor discipline

The organization of labor disciplinary meetings must take place within the statute of age specified in Article 123 of the Labor Code in 2019: 06 months from the date of the violation or 12 months for violations directly related to finances, assets, disclosure of technological secrets, Business secrets, which can last no more than 60 days in some cases.

On the other hand, the organization of labor disciplinary meetings does not hold when the employee falls under one of the following cases:

• On sick leave, nursing; leave with the consent of the employer;
• Being detained or detained;
• Pending the results of the investigating authority to verify and conclude the violations subject to disciplinary dismissal;
• Pregnant female employees, maternity leave; workers raising children under 12 months of age.
• Hecommits labor discipline while suffering from a mental illness or another that impairs his cognitive ability or ability to control his or her behavior.

Labor disciplinary meeting process

The meeting on the handling of labor discipline will be conducted by the employer with the following work:

Prior to the disciplinary meeting:

At least 05 days’ notice of the contents, time and place of the meeting on handling of labor discipline, the names of the persons being handled, violations for the following persons:

• Organizations representing employees at establishments where the violators are members;
• Employees who violate labor discipline;
• The legal representative of the employee is not yet 15 years old.
• These people must confirm whether or not they will attend this meeting. Or you can make an agreement with the employer to change the time and place of the meeting.

Conducting a meeting on labor discipline:

• Time to proceed:
• According to the time, the announced location or the time and place of the agreed parties;
• When a full component is notified of participation or one of the required participants does not confirm attendance at the meeting or is absent.
  • Contents of the meeting on handling labor discipline:
  • It must be made in minutes, adopted before the end of the meeting;
  • Signed by the participant: If someone does not sign the minutes, they shall clearly state their names and reasons for not signing (if any) the contents of the minutes.

Step 3: Issue a disciplinary decision

Within the statute of age in Article 123 of the Labor Code in 2019, the person competent to handle labor discipline shall issue a decision on handling labor discipline.

Pursuant to Point i Clause 2 Article 69 of Decree No. 145/2020/ND-CP, the person competent to handle labor discipline may be one of the following two:

• Persons competent to conclude labor contracts on the employer’s side;
• Persons specified in the labor regulations.

Step 4: Publicly announce the decision to handle discipline

Also within the prescribed statute of age, the disciplinary decision must be sent to the employee, the legal representative of the employee under the age of 15 and the organization of the representative of the employee at the facility.

Services of Hong Bang Law

Hong Bang Law Firm has advised and supported many enterprises in industrial relations. The services provided by Hong Bang Law Firm are as follows:

• Legal advice on labor relations;
• Advising on assessment of labor contracts, labor regulations, other internal documents of enterprises;
• Advising on the compilation of labor contracts, labor regulations and other internal regulations of enterprises;
• Advising on the direction of resolving labor disputes.

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 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!