Labour
Question 128: In order to apply appropriate labour disciplinary actions to Employees who violate the regulations on social networking, enterprises must have clear and detailed regulations in their ILRs registered with the local labour agency, but the fact is that some local labour agencies have not agreed to put the regulations on social networking into the ILRs due to the newness of the technology. What should the enterprise do in these cases?
1.Is it in accordance with labour law for the fact that some local labour agencies refuse to allow Employers to provide for the violations of the ILRs on using social network and media as a discipline of their Employees? Pursuant to Article 119.2 of the Labor Code 2012, the ILRs must include the following main…
Question 127: Proving the material damage of an enterprise when Employees disclose confidential information on the social network (such as property, prestige, revenue/profits, costs, etc.) to apply the appropriate form of discipline is often very difficult because a damage may be of a mental nature such as reputation and brand of the enterprise and you cannot quantify the extent of such damage in terms of monetary value or prove the existence of such damage. What should the enterprise do in these cases?
1.Are Employers required to prove any material damage when Employees disclose the enterprise’s confidential information on the social network? First, it should be made clear that the term “confidential information” is not currently covered or explained in the Labor Code and its written guidelines on implementation. Article 126.1 of the Labor Code only refers to…
Question 126: What is the most appropriate level of labour discipline to impose on Employees for their violations of the ILRs related to the media and social network? Reprimand, prolongation of a salary raise, removal from office or dismissal?
Pursuant to the current labour law, Employers have the right to apply one of the following four forms of labour discipline if Employees commit an act of violation specified in the internal labour regulations of the enterprise including reprimand, salary raise prolongation of less than 06 months, removal from office and dismissal. For the form…
Question 125: In the context of the labour law covering no clear regulations on the labour issues related to the media and social network and local labour agencies still identify this as one of the new issues, which leaves them quite embarrassed by the guidance, according to you, what should an enterprise do to protect itself in this case?
The current labour law does not contain regulations governing the use of media and social network within the enterprise. This leads to the fact that many local labour agencies are rather hesitant in guiding enterprises to develop internal labour regulations related to these contents. For enterprises to take the initiative in preventing risks before the…
Question 124: Pursuant to Article 42 of the Labor Code, Employers must accept Employees back to work if they unilaterally terminate LCs against labour law. So, if Employers no longer have the jobs as agreed in LCs and the two parties cannot agree on new jobs with new salaries, what can Employers do in this situation?
Pursuant to Article 42.2 of the Labor Code, if there is no longer the positions or the jobs as agreed in LCs but Employees still wish to work, in addition to the compensation as regulated, the two parties will negotiate to amend or supplement the LCs. Otherwise, the parties will continue to execute the signed…
Question 123: Pursuant to Article 42.1 of the Labor Code, when unilaterally terminating LCs against labour law, Employers must accept Employees back to work under the signed LCs and pay salaries, social insurance and health insurance premiums for the days when Employees are not allowed to work. As such, if the LC term is definite and the court’s judgment requests Employers to accept Employees back to work, then:
1.If the LC term has expired, must Employers accept Employees back to work? If Employers must accept Employees back to work, the duration of work is from the time of unilateral termination to the expiration date of LCs, isn’t it? Pursuant to Article 42.1 of the Labor Code, when unilaterally terminating LCs against labour law,…
Question 122: Disciplining in the form of extending pay raise period is one of the disciplinary forms where Employee violate LD-related cases including the regulations on compliance with time, technology and production and business management in ILR. Accordingly, when being disciplined in the form of extending pay raise period, Employees’ pay raise period will be postponed compared with the period as agreed by the parties or the period under the enterprise policy. Regarding the date of disciplinary action in the form of extending pay raise period, the labour law has not yet provided specific guidance on the “date of disciplinary action” for disciplining in the form of extending Employees’ pay raise period, which leads to different interpretations for this phrase. Thus, how about understanding this phrase for proper application?
In this regard, because the labour law has not yet provided specific guidance on the “date of disciplinary action” in the form of extending Employees’ pay raise period, there are currently three different views as follows: View 1: considers the “date of disciplinary action” in the form of extending Employees’ pay raise period to be…
Question: Pursuant to Article 130 of the Labor Code: a. Employees who cause damage to devices, equipment or conduct other acts causing damage to Employer’s properties must pay compensations. If Employees cause slight damage due to their negligence with the value of less than 10 months of the area minimum wage announced by the Government and applicable at the workplace, Employees must compensate to the tune of an amount of 3 months’ salary at a maximum that is monthly deducted from their salary; and b. If Employees lose any tools, equipment, properties or other assets which are handed to them by their Employers, or use supplies more than the norms permitted, they must compensate part or the whole value of such things at the market price; if a liability agreement is available, they must pay compensation as prescribed in this agreement; in case of natural calamities, fires, enemy sabotage, epidemics, disasters, objective occurrences which are unpredictable and irrecoverable despite all measures taken, Employees will not have to pay compensation. What are the “other acts” in this context? Assets here mean tangible assets only or include enterprises’ intangible assets (e.g. trademarks, prestige etc.). For other violations that also cause material damage to Employers but do not fall into circumstances above, how do Employees pay compensations?
1.What are the “other acts” in this context? The current law does not provide for or explain the “other acts” prescribed in Article 130.1 of the Labor Code. From the legal perspective, a material responsibility is one that requires Employees to pay compensation for the damage caused by the conducts breaching labour discipline or due…
Question 120: Can Employers refer to the regulations on internal matters that have been neither included in the ILRs nor registered with competent labour management agencies to impose disciplinary actions on Employees who have violations? Why is that?
Pursuant to Article 128.3 of the Labor Code, Employers are prohibited from imposing disciplinary actions on the acts that are not specified in the ILRs. According to labour law, the ILRs are required of Employers who hire 10 or more Employees, which specify the conducts breaching labour discipline, labour disciplinary actions, and other material responsibilities[1]….
Question 119: If Employers provide an annual leave schedule after consulting their Employees about this issue and inform them of this schedule in advance, but Employees still do not take annual leave as scheduled, will they be paid for the unused annual leave days when they resign, lose their jobs or stop working as a result of other reasons? Why is that?
Regarding this matter, labour law now does not have specific regulations and there are conflicted opinions. In this case, there is a point of view that Employers will not have to pay for the unused annual leave days because Article 111.2 of the Labor Code has granted Employers “the right to determine the annual leave…