Labour
Question 140: Can Employers apply labour discipline in the form of oral reprimand?
Pursuant to Article 125 of the Labor Code, labour discipline can be applied in the following forms: (i) reprimand; (ii) extension of the salary increase period to no more than 06 months; removal from office; and (iii) dismissal. When applying these forms of labour discipline, Employers must comply with the regulations and procedures on application…
Question 139: With respect to the disciplinary action of dismissal, must Employers prescribe in their ILRs the acts that can be considered as a violation of Article 126.1 of the Labor Code?
Pursuant to Article 126.1 of the Labor Code, Employers may impose the disciplinary action of dismissal on Employees who commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological secrets, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage…
Question 138: When Employers temporarily suspend Employees’ jobs for over 15 days? Are Employers required to make salary advance during suspension if Employees do not request any such advance?
1.When Employers temporarily suspend Employees’ jobs for over 15 days? Pursuant to Article 129 of the Labor Code, Employers are entitled to temporarily suspend Employees’ jobs if they consider the violation includes complicated circumstances and Employees’ job continuation will prevent any verification; and the suspension is only carried out after consultation with the grassroots trade…
Question 137: In case of applying the disciplinary form of dismissal for a relapse, is such relapse required to be the same as the previous disciplined offense? The ILRs stipulate that “Employees will be disciplined in the form of extending pay raise period if Employees commit a relapse by causing another offense due to which Employee have been reprimanded for the most recent six months regardless of whether such offense is the same as the previous one”. Is the said ILR stipulation contrary to the law?
1.In case of applying the disciplinary form of dismissal for a relapse, is such relapse required to be the same as the previous disciplined offense? Pursuant to Article 126.2 of the Labor Code, a relapse will be construed as the case where Employees repeat the offense that has been disciplined and not yet acquitted of…
Question 136: Are Employers required to give Employees an advance written notice of the LD meeting if Employees agree to conduct the meeting without any need to go through the procedures of prior notice by Employers? Are Employers required to notify 5 working days for the 2nd and 3rd notices if the participants were not fully present at the previous LD meetings?
1.Are Employers required to give Employees an advance written notice of the LD meeting if Employees agree to conduct the meeting without any need to go through the procedures of prior notice by Employers? Pursuant to Article 30.1 of Decree No. 05/2015/ND-CP dated 12/01/2015, Employers must notify in writing Employees of the disciplining meeting at…
Question 135: The Labor Code prescribes that Employers may dismiss Employees who cause serious damage or threaten to cause extremely serious damage to the Employer’s properties and interests. How to determine if an Employee causes serious damage or threatens to cause extremely serious damage?
1.What are the relevant regulations to be referred to for determination of the serious damage or the threat to cause extremely serious damage? Currently, the labour law and relevant guiding documents do not provide for any general criteria to determine the serious or extremely serious damage. Therefore, the levels of serious or extremely serious damage…
Question 133: Which positions in an enterprise can be subject to the disciplinary action of removal from office? How are the salary, bonus and insurance regime that Employees are entitled to after they are disciplined in form of removal from office?
1.Which positions can be subject to the disciplinary action of removal from office? Pursuant to the labour law, removal from office is a form of labour discipline, but it can only be applied to Employees who are holding managerial titles in the enterprise. However, the Labor Code currently does not provide regulations over the people…
Question 132: Can Employers impose disciplinary actions on Employees when they disagree about such actions? What are the legal risks for Employers in this situation?
1.Can Employers impose disciplinary actions on Employees when they make an objection to the conclusion of the disciplinary meeting, and Employers have not issued the Decisions on imposing disciplinary actions? Pursuant to Article 30.1 of Decree 05/2015/NĐ-CP, upon imposing disciplinary actions on Employees who have violated the ILRs, Employers must notify the grassroots TUEC and…
Question 131: Upon detecting Employees using social networks to conduct inappropriate behaviours in accordance with enterprise regulations, how can Employers affirm that Employees do so? May Employers investigate the case by themselves or must they have recourse to the police in accordance with the law? If Employers may investigate by themselves, to what extent may the investigation be conducted under the law?
In principle, the means of employment provided by any Employer, such as electronic equipment and computers, to Employees will be considered corporate assets. Therefore, if the Employer suspects that Employees are using social network to perform acts that are inconsistent with the ILRs, the Employer himself may verify whether Employees violate through the inspection of…
Question 129: There are some Employees who defame their colleagues on social networking sites and are found by the Employer who subsequently conducts the procedures for labour discipline. Such Employees argue that that is an interpersonal civil matter outside of the corporate territory and working hours and they will not be subject to the Employer’s labour sanctions. How will the Employer handle such cases?
From the perspective of civil law, acts of defamation between individuals outside the workplace and beyond the working time of the Employer will not be subject to the scope of management and disciplinary action by the Employer. Accordingly, depending on the severity of any offense such as humiliation or slander, individuals who have defamed or…