Some workers in productive labor commit numerous errors or commit activities that violate labor discipline. However, in order to correctly identify employee flaws and implement appropriate disciplinary measures, businesses must adhere to legal requirements. Hong Bang Law Firm, with an experienced team in the fields of business and labor, would like to send some notes in taking disciplinary measures at work as follows:

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.

Considerations when taking disciplinary measures at work

Labor discipline comprises provisions in the internal labor regulations on the compliance in respect of time, technology, production and business management that are imposed by the employer and prescribed by law. Considerations for disciplinary measures include:

Forms of disciplinary action and violations of labor discipline comply with regulations:

Forms of labor discipline include:

• Reprimand.
• Deferment of pay rise for up to 6 months.
• Demotion.
• Dismissal.

The principle of disciplinary action is in accordance with the provisions of law

• Disciplinary measures against an employee shall be taken in accordance with the following regulations:

• • The employer is able to prove the employee’s fault;
  • The process is participated in by the representative organization of employees to which the employee is a member;
  • The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal representative must be present;
  • The disciplinary process is recorded in writing.
• It is prohibited to impose more than one disciplinary measure for one violation of internal labor regulations.
• Where an employee commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.
• No disciplinary measure shall be taken against an employee during the period when:

• • The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
  • The employee is being held under temporary custody or detention;
  • The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of this Labor Code;
  • The employee is pregnant, on maternal leave or raising a child under 12 months of age.
• No disciplinary measure shall be taken against an employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control.

Avoid violations of prohibited acts when handling labor discipline including:

• Harming the employee’s health, life, honor or dignity.
• Applying monetary fines or deducting the employee’s salary wage.
• Imposing a disciplinary measure against an employee for a violation which is not stipulated in the internal labor regulations or employment contract or labor laws.

Time limit for taking disciplinary measures at work

• The time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation. The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.
• In case the time limit stipulated in this Article has expired or is shorter than 60 days when the period stipulated in Clause 4 Article 122 of this Labor Code expires, the former may be extended for up to 60 more days.
• The employer shall issue a disciplinary decision within the period specified in Clause 1 and Clause 2 of this Article.

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!