Tiếng Việt
中文 (中国)
When employees in Vietnam make mistakes in handling daily work at the company, they will be scolded, even disciplined, and recorded in the company’s data. Accordingly, what are the regulations on procedures for disciplining employees in 2022 in Vietnam?
Labor discipline is the regulations on the observance of time, technology, and production and business management promulgated by the employer in the labor regulations and prescribed by law.
The handling of labor discipline is prescribed in Article 122 of the Labor Code 2019 as follows:
a) The employer must prove the fault of the employee;
b) There must be the participation of the representative organization of employees at the establishment of which the employee being disciplined is a member;
c) The employee must be present and have the right to defend himself/herself, ask a lawyer or the employee’s representative organization to defend; if the person is under 15 years old, the legal representative must be present;
d) The handling of labor discipline must be recorded in writing.
In addition, an important note about disciplining employees in Vietnam is not to apply multiple forms of labor discipline at the same time for a violation of labor discipline. This is something that many Vietnamese businesses in the past were confused about. When an employee concurrently commits many violations of labor discipline, only the highest form of discipline corresponding to the heaviest violation shall be applied.
The importance of this regulation can be compared with not being allowed to fine or deduct the employee’s salary instead of discipline, a method that is currently being wrongly applied by many Vietnamese enterprises.
Procedures for handling labor discipline in Vietnam
According to Clause 6, Article 122 of the Labor Code 2019, and Article 70 of Decree 145/2020/ND-CP, the procedures, and orders for handling labor discipline in Vietnam are prescribed as follows:
When detecting an employee’s violation of labor discipline at the time of the violation, the employer shall make a record of the violation and notify the employee’s representative organization at the establishments of which the employee is a member, the legal representative of the employee who is under 15 years old.
In case the employer detects a violation of labor discipline after the violation has occurred, they shall collect evidence to prove the fault of the employee.
Within the statute of limitations for handling labor discipline specified in Clauses 1 and 2, Article 123 of the Labor Code, the person competent to handle labor discipline shall issue a decision on handling labor discipline and send it to the participants specified at Point b, Point c, Clause 1, Article 122 of the Labor Code.
It should be noted that for some cases specified in Clause 4, Article 122 of the Labor Code 2019, the form of labor discipline cannot be applied, but temporarily reserved and applied after when such cases have been resolved, such as:
a) Sick leave, convalescence; leave with the consent of the employer;
b) Being held in custody or temporary detention;
c) Waiting for the results of the competent authorities to investigate, verify and draw conclusions for the violations specified in Clauses 1 and 2, Article 125 of the Labor Code;
d) Pregnant female employees; employees taking maternity leave, raising children under 12 months old.
In addition, employees who violate labor discipline while suffering from mental illness or another disease that make them lose the ability to perceive or control their behavior will not be subject to labor discipline.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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