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Disciplinary action while on day off?

12/12/2020

Question: Ms. Mai is an accountant at my company, in June 2018, Ms. Mai violated some rules leading to financial loss of the Company. However, until December 2018, when the year-end settlement was made, the company discovered this violation of Ms. Mai, but Ms. Mai was on off day due to a traffic accident. So, I would like to ask, can I implement the labor discipline for Ms. Mai or not?

Answer:

Firstly, thanks you for your question, for this case, Khoa Tin would like to answer as follows:

Clause 4, Article 123 of the Labor Code 2012 provides for the principles of labor discipline as follows:

4. Not being disciplined for the employee who is in the following time:

a) Sick leave, convalescence; resignation with the employer's consent;

b) Being in custody or temporary detention;

c) Waiting for results of verification and conclusion by competent investigating agencies for the violations specified in Clause 1, Article 126 of this Code;

d) The female employee is pregnant or on maternity leave; a worker raising children under 12 months old.

Thus, during the time of Ms. Mai's leave, the company is not allowed to handle the labor discipline for Ms. Mai.

Article 124 of the Labor Code 2012 provides for the statute of limitations for handling the labor discipline as follows:

"1. The statute of limitations for handling the labor discipline is no more than 6 months from the date the act of violation occurs; In case the violation is directly related to the finance, property, disclosing the technology or business secret of the employer, the statute of limitations for handling the labor discipline is 12 months.

2. When the time prescribed at Points a, b and c, Clause 4, Article 123 expires, if there is still a statute of limitations for handling the labor discipline, the employer shall immediately proceed with the labor discipline. the statute of limitations may extend the statute of limitations for the labor discipline but must not exceed 60 days from the expiration of the above time limit.

Thus, when Ms. Mai returns to work, if there is still a statute of limitations for handling the labor discipline (in this case, it is 12 months from the date of the violation), the company will proceed with the labor discipline. If the statute of limitations expires, the statute of limitations may be extended to handle the labor discipline but must not exceed 60 days from the expiration of the above time limit.

Above is the content of the legal advice of Khoa Tin on the issue of labor discipline while on leave. In case you still have any questions or need further advice, please contact Khoa Tin for answers.

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