1. Dismissal – A form of labor discipline

Pursuant to Article 124 of the Labor Code 2019, dismissal is one of the forms of labor discipline. Pursuant to Clause 8, Article 34 of the Labor Code 2019, when an employee is disciplined for dismissal, the labor contract will be terminated.

2. Cases in which the form of dismissal discipline applies

Pursuant to Article 125 of the Labor Code, the cases in which the dismissal of an employee is allowed are:

– The employee commits theft, embezzlement, gambling, intentionally causes injury, uses drugs at the workplace;

– The employee commits acts of disclosing business secrets, technology secrets, infringing upon the intellectual property rights of the employer, committing acts of causing serious damage or threatening to cause particularly serious damage. respect the property, interests of the employer or sexual harassment in the workplace as stipulated in the labor regulations;

– The employee is disciplined for prolonging the time limit for salary increase or dismissal but recidivism while the discipline has not been removed;

– The employee voluntarily quits work for 5 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntarily quitting without a valid reason.

3. Statute of limitations for disciplining employees for dismissal

According to Article 123 of the Labor Code 2019, the statute of limitations for disciplinary handling of labor discipline in general and dismissal in particular is determined as follows:

The statute of limitations for disciplining dismissal is 6 months from the date of the violation, except for the following cases:

– In case the violation is directly related to finance, property, disclosure of technology secrets or business secrets of the employer, the statute of limitations for handling labor discipline is 12 months;

– In case the statute of limitations includes the following periods: sick leave, convalescence; leave with the consent of the employer; Time being held in custody or temporary detention; Time is waiting for results of competent authorities to investigate, verify and conclude on acts of theft, embezzlement, gambling, intentional injury, drug use at work, disclosure business secrets, technology secrets, infringing upon the intellectual property rights of the employer, committing acts of causing serious damage or threatening to cause particularly serious damage to the property or interests of the employer. employment or sexual harassment in the workplace as specified in the labor regulations; the time the female employee is pregnant; employees taking maternity leave, raising children under 12 months old. In this case, if the statute of limitations expires or the statute of limitations is still there but is not full 60 days, the statute of limitations may be extended for handling labor discipline but not exceeding 60 days from the date of expiration of the above time limit.

Within the time limit mentioned above, the employer must issue a decision on disciplinary action for dismissal.

Above is the advice of Khoa Tin Law on the issue of “When to apply the form of dismissal”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.