Luật sư Nguyễn Hữu Phước

1.Which positions can be subject to the disciplinary action of removal from office? Pursuant to the labour law, removal from office is a form of labour discipline, but it can only be applied to Employees who are holding managerial titles in the enterprise. However, the Labor Code currently does not provide regulations over the people…

1.Can Employers impose disciplinary actions on Employees when they make an objection to the conclusion of the disciplinary meeting, and Employers have not issued the Decisions on imposing disciplinary actions? Pursuant to Article 30.1 of Decree 05/2015/NĐ-CP, upon imposing disciplinary actions on Employees who have violated the ILRs, Employers must notify the grassroots TUEC and…

In principle, the means of employment provided by any Employer, such as electronic equipment and computers, to Employees will be considered corporate assets. Therefore, if the Employer suspects that Employees are using social network to perform acts that are inconsistent with the ILRs, the Employer himself may verify whether Employees violate through the inspection of…

From the perspective of civil law, acts of defamation between individuals outside the workplace and beyond the working time of the Employer will not be subject to the scope of management and disciplinary action by the Employer. Accordingly, depending on the severity of any offense such as humiliation or slander, individuals who have defamed or…

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…