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Workplace rules are essential tools for employers to manage and operate their businesses effectively while complying with the law. In Vietnam, establishing and implementing workplace rules not only ensures the rights and obligations of both employers and employees but also minimizes potential labor disputes.
However, for workplace rules to be recognized and legally effective, employers must pay attention to critical aspects related to their content, form, and registration process in accordance with current labor laws.
Workplace Rules
- Requirement to Issue Rules:
Employers must issue workplace rules. If employing 10 or more workers, the rules must be in written form. - Content Requirements:
Workplace rules must not contradict labor laws or other applicable regulations. Key contents of workplace rules include:- Working hours and rest periods;
- Workplace order;
- Occupational safety and hygiene;
- Prevention and handling of sexual harassment at the workplace, including procedures for addressing such acts;
- Protection of assets, trade secrets, technological secrets, and intellectual property of the employer;
- Circumstances under which employees may be temporarily reassigned to duties different from their labor contracts;
- Disciplinary violations and corresponding sanctions;
- Material responsibilities;
- Authority to handle labor discipline.
- Consultation with Employee Representatives:
Before issuing or amending workplace rules, employers must consult with employee representative organizations at the workplace, if applicable. - Notification and Posting:
Employers must inform employees of the workplace rules and post key contents in appropriate locations at the workplace.
Registration of Workplace Rules
- Who Must Register:
Employers with 10 or more workers must register their workplace rules with the provincial labor authority where the employer is registered. - Registration Timeline:
Employers must submit the registration dossier within 10 days of issuing the workplace rules. - Processing Period:
The provincial labor authority will notify and guide employers to amend and re-register the rules if they contain provisions contrary to the law, within 7 working days from the date of receipt of the registration dossier. - For Branches and Units in Multiple Locations:
Employers with branches, units, or production facilities in different locations must send the registered workplace rules to the respective provincial labor authority in each location.
Dossier for Registration of Workplace Rules
The registration dossier must include:
- A written request for registration of workplace rules;
- The workplace rules document;
- Comments from employee representative organizations at the workplace, if applicable;
- Related documents issued by the employer regarding labor discipline and material responsibilities (if any).
Effectiveness of Workplace Rules
- Registered Rules:
Workplace rules become effective 15 days after the competent labor authority receives a complete registration dossier. - Non-Registered Rules (for employers with fewer than 10 employees):
If the rules are issued in written form, their effectiveness is determined by the employer as stated in the rules.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
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