1. Legal grounds

– Labor Code 2019

– Decree 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the labor code on labor conditions and labor relations

2. When to issue labor regulations?

Labor regulations are issued in case the employer employs 10 or more employees.

In case the employer employs less than 10 employees, it is not required to develop written labor rules but must agree on the content of labor discipline and material responsibilities in the labor contract. .

3. Legal provisions on labor regulations

– Firstly, stipulating working time and rest time: average working time in 01 day, 01 week; shift; the time of starting and ending the shift; overtime (if any); overtime in special cases; the time of breaks other than the break between hours; shift leave; weekly holidays; annual leave, personal leave, unpaid leave;

– Second, regulate order at the workplace: scope of work, travel during working hours; behavior culture, dress; comply with the assignment and mobilization of the employer;

– Third, regulations on occupational safety and hygiene at the workplace: responsibility to comply with regulations, rules, processes, and measures to ensure occupational safety and hygiene, and fire and explosion prevention; use and maintain personal protective equipment, equipment to ensure occupational safety and hygiene at the workplace; cleaning, decontamination and disinfection at the workplace;

– Fourth, regulations on prevention and combat of sexual harassment in the workplace; the order and procedures for handling sexual harassment at the workplace: the employer shall stipulate the prevention and combat of sexual harassment: Sexual harassment at the workplace is strictly prohibited; Detailed and specific regulations on acts of sexual harassment in the workplace in accordance with the nature and characteristics of the job and the workplace; Having responsibilities, deadlines, order and procedures for internal handling of sexual harassment acts at the workplace, including responsibilities, time limits, order and procedures for complaints, denunciations and solutions. settlement of complaints and denunciations and related regulations; Provisions on forms of labor discipline for persons who commit acts of sexual harassment or who make false accusations corresponding to the nature and seriousness of the violations; Compensation for damage to victims and remedial measures.

– Fifth, regulations on asset protection and business secrets, technology secrets, and intellectual property of employers: stipulate a list of assets, documents, technology secrets, and secrets. business, intellectual property; responsibilities and measures applied to protect assets and secrets; acts of infringing upon property and secrets;

– Sixth, regulations on the case of temporary transfer of employees to work other than the labor contract: specifying cases in which the employee is temporarily transferred to another job due to business and production needs. compared with the labor contract as prescribed in Clause 1, Article 29 of the Labor Code 2019;

– Seventh, regulations on violations of labor discipline of employees and forms of labor discipline: specifying violations of labor discipline; form of handling labor discipline corresponding to violations;

– Eighth, regulations on material liability: stipulating cases in which compensation must be paid for damage to tools and equipment or acts of causing property damage; due to loss of tools, equipment, property or consumption of materials beyond the norm; the level of compensation corresponding to the level of damage; the person competent to handle compensation for damage;

– Ninth, stipulate the person competent to handle labor discipline: the person who has the authority to enter into a labor contract on the employer’s side specified in Clause 3, Article 18 of the Labor Code 2019 or the person authorized to do so. specified in the labor regulations.

4. Dossier for registration of labor regulations

Pursuant to Article 120 of the Labor Code 2019, an application for registration of labor regulations includes the following components:

– A written request for registration of labor regulations;

– Labor regulations;

– Written comments of the representative organization of employees at the grassroots level for the place where there is a representative organization of employees at the grassroots;

– Documents of the employer with regulations related to labor discipline and material responsibility (if any).

5. Agencies competent to register labor regulations

The specialized labor agency belongs to the People’s Committee of the province where the employer registers its business.

6. Procedure for registration of labor regulations

Step 1: Within 10 days from the date of promulgation of the labor regulations, the employer must submit the application for registration of the labor regulations to the specialized labor agency under the People’s Committee of the province where the employer is located. employment registration business.

Step 2: Within 07 working days from the date of receipt of the application for registration of labor regulations, if the contents of the labor regulations are contrary to the law, the specialized labor agency under the People’s Committee The provincial level shall notify and guide the employer to amend, supplement and re-register.

Above is Khoa Tin‘s advice on “How enterprises need to develop labor rules in accordance with the law”

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

Best regards./.