Luật sư Nguyễn Hữu Phước

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…

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…

1.What are the relevant regulations to be referred to for determination of the serious damage or the threat to cause extremely serious damage? Currently, the labour law and relevant guiding documents do not provide for any general criteria to determine the serious or extremely serious damage. Therefore, the levels of serious or extremely serious damage…

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…