Labour
Question 108: If Employers have internally issued the Code of practice for promoting equality and preventing discrimination in the workplace and/or the Code of conduct on sexual harassment in the workplace, can they rely on these Codes to impose disciplinary actions?
Pursuant to Article 128 of the Labor Code, one of the preconditions for Employers to impose disciplinary actions on Employees is to prescribe their violations in the enterprise’s ILRs. In addition, if Employers hire 10 or more Employees, the ILRs must be made effective by way of registering them with the local labour management agency….
Question 107: How does the law provide for the welfare policies on birthdays, funerals, weddings, accidents and support for Employees who suffer long-term illnesses etc.? Is it possible to include these welfare policies in the Employee’s handbook?
1.How are the welfare policies regulated? Normally, the enterprise’s welfare policies are included in the CLA. For convenience in establishing these policies, Employers may refer to the contents in the following table which can be revised to meet the specific policies of each company and comply with law: Note: Employees who have worked for the…
Question 106: The purpose of CLA is to provide Employees with more benefits than required by the labour law. So, if after signing the CLA, Employers have no financial ability to pay these benefits anymore because of business difficulties. Are they entitled to unilaterally terminate the CLA? How are they sanctioned in case of no entitlement and no money to pay?
1.Are Employers entitled to unilaterally terminate the CLA if they no longer afford to pay Employees benefits according to the CLA? Pursuant to Article 73.1 of the Labor Code, a CLA is a written agreement between the labour collective and any Employer on labour conditions that the parties have achieved through collective bargaining in which…
Question 105: Are salary scale, payroll and CLA required to be registered with the local labour management agency?
Pursuant to the Labor Code, Employers are not required to conduct the procedures for registering salary scales, payrolls and CLAs, instead only send them to state management agencies, immediate senior trade unions or Employers’ representative organisations. The procedure for submitting salary scales, payrolls and collective labour agreements is as follows: 1.Regarding CLAs: Within 10 working…
Question 104: Do enterprises need ILRs? If no, may Employers deal with Employees’ discipline violations based on the violations stipulated in the Labor Code? In case of any need for ILR, is such ILR required to be registered with the competent local labour authority? What is an administrative penalty in case of no ILR registration? What benefits does ILR bring Employers to prove that it is needed for them to elaborate ILR?
1. Do enterprises need ILRs Pursuant to Article 119 of the Labor Code, when enterprises use 10 or more Employees, they must issue written ILRs and perform ILR registration procedures with competent local labour authorities for its validity. Thus, in cases where an enterprise employs less than 10 Employees, the law does not require enterprises…
Question 103: Must enterprises hire a full-time doctor when they employ 500 Employees or more? What are the doctor’s job details and should they be stated clearly in the doctor’s job description table?
Must the Employer establish a health department when employing 500 Employees or more? Pursuant to the Law on labour safety and hygiene, the Employer must assign personnel to medical duties or establish the health department which is responsible for taking care of the Employee’s health based on scale, nature of work, labour accident risks, occupational…
Question 102: Must enterprises be responsible for fire prevention and fighting when they lease head-offices as the workplace?
The safety conditions on fire prevention and fighting that are required of head-offices Pursuant to the Law on fire prevention and fighting which is guided by Decree 79/2014/NĐ-CP, head offices of professional agencies and enterprises with 5 floors and above or with the capacity of 5,000 m3 and above fall into the category of premises with…
Question 101: Is it mandatory for the Employer to hold periodic health examinations for Employees?
Periodic health examinations for Employees Pursuant to the Labor Code, Employers must hold periodic health examinations for Employees, including Employees in apprenticeship; gynaecologic/obstetric examinations for female Employees, at least 6-month health examinations for Employees doing the jobs with heavy, toxic nature, disabled Employees, Employees under 18 years of age and senior Employees[1]. As such, it…
Question 100: Is it mandatory for enterprises to establish the network of safety and hygiene personnel? How much is the responsibility allowance for safety and hygiene personnel, and is this allowance subject to PIT?
Is it mandatory for enterprises to establish the network of safety and hygiene personnel? Safety and hygiene personnel are Employees who have good knowledge in labour safety and hygiene techniques; are voluntary to comply with safety and hygiene regulations in an exemplary manner and are elected by other Employees in the team[1]. Accordingly, the 2015…
Question 99: An accident happening to Employees while they commute between the residence and the workplace is a labour accident, isn’t it?
Accidents happening on the way between the residence and the workplace A labour accident is one that causes injuries to any bodily part or function, or leads to the Employee’s death and occurs while the Employee is working, which relates to the job or task being performed[1]. Pursuant to the Law on Labour Safety and…