Labour discipline is one of the main contents that employers must stipulate in their internal labour regulations. According to Article 117 Labour Code 2019, labour disciplinary is regulations on compliance with the timetable, technology and executive management of business and production as set out in the internal labour regulations issued by employers and stipulated by law. An employee committing labour discipline will be subject to the following forms of labour discipline: (i) Reprimand; (ii) Deferral of wage increase not exceeding 6 months; (iii) Demotion; and (iv) Dismissal.
The law of labour does not present a template of labour discipline. However, a template of labour discipline is practical demand arising from labour relationships, especially an enterprise with a huge of employees. A template of labour discipline helps the enterprise to save time and strength to prepare work relating to labour discipline. A template of labour discipline must comply with the principles specified in Article 122 of the Labour Code 2019 as follows:
1. The employer must demonstrate the employee’s fault;
2. There must be the participation of the employee’s representative organisation at the grassroots level of which the employee being disciplined is a member;
3. The employee must be physically present and has the right to defend himself or herself or to have a lawyer or representative organisation assist him or her in defence. In cases where the employee is less than 15 years of age, his or her legal representative must be present.
4. Any settlement of labour discipline must be recorded in writing;
- Imposing more than one disciplinary measure for one violation of labour discipline is strictly prohibited.
- When an employee simultaneously commits multiple violations of labour discipline, he or she will only be subject to the highest form of disciplinary measure corresponding to the most serious violation.
- Not subject to labour discipline for employees who are in the following period:
- The employee is taking leave on account of illness or convalescence, or any type of leave with the employer’s consent;
- The employee is being held temporarily in custody or detention;
- The employee is awaiting the verification and conclusion of an authorised agency regarding a violation stipulated in Article 125.1 and Article 125.2 of the Labour Code 2019;
- The female employee is pregnant, or the employee is on parental leave or is caring for children less than 12 months old.
- No labour disciplinary measure shall be taken against an employee who violates labour discipline while suffering from mental illness or another disease that results in the employee losing self-awareness or the ability to control his or her actions.
For more details on a template of labour discipline, please refer to the book “Hard to find templates of Human Resource Relating to Labour Law” by Lawyer Nguyen Huu Phuoc from pages 595 to 721.
Above is an overview article about the explanation of labour discipline by Phuoc & Partners. If you are having difficulty finding a lawyer to advise a resolution on labour discipline, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Intellectual Property, Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing Clients with optimal and effective legal service.