Labour
Question 118: As prescribed by law, Employees will be paid for the unused annual leave days for the reasons of resignation, loss of jobs or other reasons. What are the other reasons mentioned in this regulation? If Employees are disciplined in the form of dismissal, will they be paid for the unused annual leave days?
The current labour law has not specified the other reasons for which Employees are paid for the unused annual leave days other than the reasons of resignation or loss of jobs[1]. By reference to the former regulations guiding implementation of the 1994 Labor Code on working hours and break time[2], Employees will be paid for…
Question 117: Which steps in an internal investigation serving as a basis for handling labour discipline violations carry the highest legal risk for Employers? Is there any way to minimise that legal risk?
The applicable labour law does not govern the procedure for conducting an internal investigation when Employers need to investigate or verify Employees’ acts before deciding on a disciplinary action. Therefore, depending on the operations of each enterprise, Employers will build their own procedures for conducting an internal investigation, provided that these procedures are not against…
Question 116: After submitting criminal denunciation letters to district-level investigation bodies, what can Employers do if after the investigation time limit has expired, the investigation bodies do not give reports or give reports not in favour of Employers?
Pursuant to Article 172 of the Criminal Procedure Code, the criminal investigation time limit is not more than 2 months for less serious crimes, 3 months for serious crimes, and 4 months for very serious and extremely serious crimes counting from the date of prosecution to the end of the investigation. If the case is…
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…