1. Forms of handling labor discipline

Pursuant to Article 124 of the 2019 Labor Code, forms of labor discipline will only include:

– Reprimand;

– Extending the time limit for salary increase but not exceeding 06 months;

– Removal from office;

– Dismissal.

2. Prohibited acts in handling labor discipline

Pursuant to Article 27 of the 2019 Labor Code, prohibited acts when handling labor discipline include:

– Acts of infringing upon the health, honor, life, reputation and dignity of employees.

– Acts of fine, salary cut instead of handling labor discipline.

– Acts of handling labor discipline against employees who commit violations that are not specified in the internal labor regulations or are not agreed upon in the signed labor contracts or are not provided for by the labor law. .

3. Statute of limitations for handling labor discipline

Pursuant to Article 123 of the 2019 Labor Code, the statute of limitations for handling labor discipline is determined as follows:

The statute of limitations for handling labor discipline is 06 months from the date of occurrence 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 against the employee.

4. Principles of handling labor discipline

Article 122 of the Labor Code stipulates the principles for handling labor discipline as follows:

– Regarding the organizational form, the handling of labor discipline must ensure: The employer must prove the fault of the employee; There must be the participation of a representative organization of employees at the establishment of which the employee being disciplined is a member; The employee must be present and have the right to defend himself, by asking a lawyer or a representative worker’s organization; in case the person is under 15 years old, the legal representative must be present; The handling of labor discipline must be recorded in writing.

– Not to apply many forms of labor discipline for a violation of labor discipline.

– When an employee concurrently commits many violations of labor discipline, only the highest form of discipline corresponding to the heaviest violation shall be applied.

– Not subject to labor discipline for employees who are in the following period: 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.

– Failing to handle labor discipline for employees who violate labor discipline while suffering from mental illness or another disease that causes loss of awareness or ability to control their behavior.

5. Order and procedures for handling labor discipline

Article 70 of Decree 145/2020/ND-CP stipulates the order of handling labor discipline as follows:

Step 1:

When detecting that an employee has committed a violation of labor discipline at the time of the violation, the employer shall make a record of the violation and notify the employee representative organization at the workplace. establishments of which the employee is a member, the legal representative of the employee is under 15 years old.

In case the employer detects a violation of labor discipline after the violation has occurred, it shall collect evidences to prove the fault of the employee.

Step 2:

At least 05 working days before the date of conducting the meeting to handle labor discipline, the employer shall notify the parties that must attend the meeting, which is the representative organization of employees.

Upon receiving the notice of the employer, the participants in the meeting must confirm their attendance at the meeting with the employer. In case one of the participants is unable to attend the meeting at the announced time and place, the employee and the employer shall agree to change the time and place of the meeting; In case the two parties cannot reach an agreement, the employer shall decide the time and place of the meeting.

If the employer conducts a meeting to handle labor discipline according to the time and place that has not been confirmed to attend the meeting or is absent, the employer still conducts the meeting to handle labor discipline.

The content of the meeting to handle labor discipline must be made in minutes, approved before the end of the meeting and signed by the participants of the meeting. In case someone does not sign the minutes, the record scribe shall clearly state his/her full name and reason for not signing (if any) in the content of the minutes.

Step 3:

During the statute of limitations for handling labor discipline, the employer shall issue a decision on labor discipline and send it to the participants who must attend.

Above is the advice of Khoa Tin on “Handling labor discipline”.

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Best regards./.