Labour discipline is the provisions on
compliance matters relating to work time, technology and production and
business management in labor regulations. It can be understood simply that when
an employee violates the labor regulations, depending on the extent and
regulations of the company, he or she will be subject to disciplinary
action. The order of disciplining labor is conducted in accordance with the provisions
of labour code in Vietnam. Failing to follow the order of discipline would lead
to potential disputes which both employer and employee should consult
with dispute lawyers in Vietnam for advice to protect their best interests.
Employment Dispute Law Firm in
Vietnam
Firstly, the employer must confirm the
employee’s violations
In the cases where an employee found committing a violation, the
employer shall issue an offence notice, inform the employee representative
organization (or the employee’s parent or legal representative if the employee
is under 18) in order to hold a disciplinary meeting.
Secondly, issuing notice of the disciplinary
meeting
This step is only carried out in case the employer detects
violations of labor discipline after the time when the violation has occurred,
there are sufficient grounds to prove the fault of the employee and the statute
of limitations for disciplining.
The employer sends the notice with the content, time and place of
the meeting to handle the labor discipline to the organization representing the
labor collective at the grassroots level; workers; In the case of a person
under 18 years old, there must be the participation of a parent or legal
representative.
The employer must ensure these recipients receive notice before
the meeting takes place and conduct a labor discipline meeting with the participation
of the notification components.
Thirdly, conducting a disciplinary meeting
It is mandatory to have the minutes of the disciplinary meeting,
which have to be approved by the participants before the end of the meeting.
The minutes shall bear the participants’ signatures. If any participant that
refuses to sign the minutes, there should be explanation.
Fourthly, disciplinary decisions
The person that concludes the employment contract on the
employer’s side also has the power to issue the disciplinary decision. The
disciplinary decision shall be issued before expiration of the original or
extended time limit for penalty imposition specified the labour code.
The disciplinary decision shall be sent to the employee (or
his/her parent or legal representative if the employee is under 18) and the
employee representative organization.
ANT Lawyers is an employment dispute law firm in Vietnam,
recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea
Legal, the global law firm network covering more than 150 jurisdictions. The
firm provides a range of legal services to multinational and domestic clients.
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