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?

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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 least 5 working days, including the case where Employees waive the right to be informed in advance or Employees agree to conduct the meeting without prior notification procedure. In addition, compliance with the disciplining process and procedure is very important. Where Employers do not comply with the procedural order, this is considered one of the risks when Employees bring the case to the competent labour management authorities or court. Accordingly, Employees have not strictly followed the process and procedures in line with the steps prescribed by law and this behaviour can be deemed as detrimental to Employees, contrary to the principle of ensuring the interests of Employees pursuant to the Labor Code.

2. 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?

Employers are still obliged to give the second and third written notices of the disciplining meeting at least 05 working days to those who are required to attend (including Employees, legal representatives of Employees under 18 years of age, grassroots EC or superior EC of the enterprise where the grassroots trade union has not been established. In cases where Employers have given three written notices, one of the participants is not available, Employers have the right to conduct LD meeting to unless Employees are within the period of not being disciplined as stated in Article 123.4 of the Labor Code.