Luật sư Nguyễn Hữu Phước

1.Can Employers impose disciplinary actions on Employees who have bad working attitudes, performance or effectiveness? Pursuant to Article 118 of the Labor Code, labour disciplines are construed as the regulations that require Employees to comply with the working time and technology, the management of business and production as specified in the ILRs. The ILRs, which…

Pursuant to Article 125 of the Labor Code, labour discipline can be applied in the following forms: (i) reprimand; (ii) extension of the salary increase period to no more than 06 months; removal from office; and (iii) dismissal. When applying these forms of labour discipline, Employers must comply with the regulations and procedures on application…

Pursuant to Article 126.1 of the Labor Code, Employers may impose the disciplinary action of dismissal on Employees who commit the acts of theft, embezzlement, gambling, deliberately injuring others, using drugs in the workplace, revealing trade secrets, technological secrets, infringing the Employer’s intellectual property rights, causing serious damage or threatening to cause extremely serious damage…

1.When Employers temporarily suspend Employees’ jobs for over 15 days? Pursuant to Article 129 of the Labor Code, Employers are entitled to temporarily suspend Employees’ jobs if they consider the violation includes complicated circumstances and Employees’ job continuation will prevent any verification; and the suspension is only carried out after consultation with the grassroots trade…

1.In case of applying the disciplinary form of dismissal for a relapse, is such relapse required to be the same as the previous disciplined offense? Pursuant to Article 126.2 of the Labor Code, a relapse will be construed as the case where Employees repeat the offense that has been disciplined and not yet acquitted of…