Labor discipline handling is a series of measures that employers can apply to remind, warn, or penalize employees for violating internal rules and labor regulations, depending on the severity of the violation. So how many forms of employee disciplinary actions are there and how is the process carried out? LawPlus provides the following analysis:
Table of Contents/Mục lục
1. Principles of labor discipline handling
The handling of labor discipline is based on the provisions of Article 122 of the 2019 Labor Code:
- First, employees must adhere to the following principles:
+ Prove the employee’s fault.
+ The participation of the organization representative at the base where the employee is being disciplined is required.
+ The employee must be present and have the right to defend themselves, with the assistance of a lawyer or the organization representing the employee; in the case of individuals under 15 years old, the legal representative must be involved.
+ The handling process must be recorded in minutes.
- Second, multiple forms of labor discipline should not be applied for a single violation.
The purpose of discipline is primarily to educate and warn employees, not to punish or terminate employment relationships. Therefore, in addition to allowing employers to handle labor discipline, the state aims to protect employment and income for employees.
- Third, only the highest form of discipline should be applied corresponding to the most severe violation when an employee has multiple violations of labor discipline.
- Fourth, disciplinary action should not be taken against employees during the following periods:
+ Sick leave, nursing; leave with the consent of the employer.
+ Temporary detention, arrest.
+ Waiting for the results of the competent investigating agency’s investigation and conclusion regarding violations as stipulated in Articles 1 and 2 of Article 125 of the 2019 Labor Code.
+ Pregnant women; employees on maternity leave, caring for children under 12 months old.
- Fifth, labor discipline should not be imposed on employees who violate labor discipline while suffering from mental illness or another condition that impairs their ability to perceive or control their behavior.
2. Forms of disciplinary action
Article 124 of the 2019 Labor Code specifies the forms of labor disciplinary actions, including:
- Reprimand.
- Extension of the salary increase period for no more than 06 months.
- Dismissal.
- Termination.
3. Procedures for handling labor discipline
According to Article 70 of Decree 145/2020/ND-CP, the procedures for handling labor discipline are as follows:
Step 1: Prepare a violation report
When discovering an employee’s violation of labor discipline at the time of the violation, the employer prepares a violation report for the employee.
Step 2: Notify the organization representative, the employee’s representative
After creating the report, the employer notifies the organization representative at the base where the employee is a member and the legal representative of the employee under 15 years old.
Step 3: Collect evidence of the violation (if any)
If the employer discovers the violation after it occurred, they need to collect evidence of the employee’s fault.
If the violation is complex and continuing work would hinder the investigation,.the employer has the right to suspend the employee’s work. (The decision to suspend work is made only after consulting with the organization representative of the employee under consideration for suspension).
Step 4: Notify information about the meeting
Within the time limit specified in paragraphs 1 and 2 of Article 123 of the 2019 Labor Code,.the employer conducts a meeting as follows:
At least 05 working days before the meeting, the employer notifies the information about the meeting.to the members who need to attend the meeting and ensures that these elements receive the notice before the meeting, including:
+ Content, time, and place of the meeting.
+ The disciplined employee’s name.
+ The disciplined violation.
Upon receiving the notice from the employer, the members who must attend the.meeting must confirm their attendance with the employer.
If one of the participants cannot attend the meeting at the specified time and place, the employee.and the employer agree to change the time and place of the meeting; if the.two parties cannot agree, the employer decides the time and place of the meeting.
Step 5: Conduct a labor discipline meeting
The employer conducts the meeting at the specified time and place.
If one of the participants who must attend the meeting does not confirm.attendance or is absent, the employer still conducts the meeting.
Note: Participants must record the content of the meeting in minutes and sign it before the meeting concludes.
If a participant does not sign the minutes, the person recording the minutes must clearly state.their name and the reason for not signing (if any) in the content of the minutes.
Step 6: Issue a decision
Within the processing time, the competent authority will issue a decision on labor.discipline.and send it to the participants who must attend the meeting.
For any related inquiries, you can contact LawPlus through their website, hotline 02862 779 399 / 0965 052 039 / 0966 008 030 (WhatsApp, Viber, Zalo), or email info@lawplus.vn.
