Sharing of expertise
Question 115: Some cases need to be investigated by the police before Employers can decide on disciplinary actions, so which police departments have the authority to receive denunciation letters from Employers?
As prescribed by labour law, competent state authorities can investigate Employees who commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological know-how, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage to the Employer’s properties and interests. Pending…
Question 114: How to specify the dates of violations which directly relate to Employers’ finance, properties, technological know-how, business secrets when calculating the statute of limitations for handling violations of labour disciplines?
Pursuant to Article 124.1 of the Labor Code, the maximum statute of limitations for handling violations of labour disciplines is 6 months from the date of violation; as for the case of violation directly related to Employers’ finance, properties, technological know-how, business secrets, the same is 12 months at maximum. Other than the said regulation,…
Question 113: For the purpose of confidentiality, can Employers use a detective service from security companies or information provision companies to conduct an internal investigation on Employees’ acts, which serves as a basis for imposing disciplinary actions? If yes, is the evidence collected by the detective service of legal validity and accepted for the consideration of labour disciplinary actions?
Currently, there are many companies unofficially providing detective and investigative services for individuals and organisations. The development of the detective service arises from the enormous need in the market. However, users of this service should note that the law has not provided the legal corridor for private detective’s activities, or in other words, the detective’s…
Question 112: When there is a labour dispute, and the case is brought to a competent court, is the evidence the parties collect and provide including the recording of the meeting contents, phone conversations, phone messages accepted by the court?
As regulated[1], readable, audible, visible and electronic materials are considered to be legitimate sources of evidence. However, for the involved parties, when necessary, to use and submit to the competent court as evidence to defend their own views in the dispute, the sources of evidence, in addition to their clear contents related to the dispute,…
Question 111: When there is the sign that Employees have violated labour disciplines, can Employers ask for the help of the compliance department of the corporation or the parent company to conduct an internal investigation on Employees’ acts to support the decision on imposing disciplinary actions?
Pursuant to Article 3.2 of the Labor Code, Employers include enterprises, agencies, organisations, cooperatives, households, individuals that use labourers under LCs. Therefore, enterprises that are not established under the Vietnamese law or do not directly use labourers such as corporations or parent companies abroad will not be considered as the Employers who are governed by…
Question 110: When Employers suspect that Employees have violated labour disciplines, can they conduct an internal investigation that expands beyond the enterprise’s scope?
Currently, labour law only prescribes the investigation authority of state agencies for the case where Employees commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological know-how, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage to the Employer’s…
Question 109: If a person has been prosecuted for: the crime of violating the gender equality right (Article 165 of the Penal Code), will they still be disciplined from the perspective of labour law? Is it possible to dismiss this Employee?
1.If a person has been prosecuted for the crime of violating the gender equality right pursuant to Article 165 of the Penal Code, will they still be disciplined from the perspective of labour law? Criminal penalties and labour disciplinary actions are of two different categories prescribed in two different Codes, the Penal Code and Labor…
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…