Labor regulations are essential not only for the employing unit but also hold practical significance for the workers themselves. Below, LawPlus introduces some related content according to the current regulations.
1. Definition of labor regulations
Labor regulations are documents issued by employers to maintain discipline within the organization and enhance productivity in business operations. These documents specify the behavioral rules that workers are obliged to follow when engaging in labor relations. They also serve as the basis for disciplinary actions against any violations committed by the workers.
2. Provisions regarding labor regulations
Article 118 of the Labor Code 2019 and Article 69 of Decree No. 145/2020/ND-CP stipulate the following provisions regarding labor regulations:
– First
Businesses with ten or more employees must issue written labor regulations. In the case of using fewer than 10 employees, it is not mandatory to issue written labor regulations, but the terms related to labor discipline and material responsibilities in the labor contract must be agreed upon.
– Second
The content of labor regulations must not violate the law and must include the following key points:
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Working hours, break times:
Businesses determine normal working hours per day, per week, shifts, start and end times of shifts,.overtime work (if applicable), overtime work in special cases, break times outside of scheduled breaks, shift changes, weekly rest days, annual leave, personal leave, and unpaid leave.
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Order in the workplace:
Scope of work, movement during working hours, workplace etiquette, attire,.compliance with assignments and adjustments from the business.
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Occupational safety and hygiene at the workplace:
Responsibilities for complying with safety and hygiene regulations, internal rules, procedures, measures to ensure occupational safety, fire prevention, use, and preservation of personal protective equipment, and safety and hygiene equipment at the workplace, hygiene, detoxification, and disinfection at the workplace.
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Prevention and handling of sexual harassment in the workplace; procedures for handling sexual harassment in the workplace:
Businesses must specify measures to prevent and combat sexual harassment in labor regulations or in the appendix accompanying the labor regulations. This should include prohibitions on sexual harassment, detailed regulations on acts of sexual harassment suitable for the nature and characteristics of the work and workplace, responsibilities, deadlines, procedures for internal handling of sexual harassment, including filing complaints, accusations, and related provisions. It should also outline forms of labor disciplinary action against perpetrators of sexual harassment or those who falsely accuse, corresponding to the nature and extent of the violation and compensatory measures for victims and remedial actions.
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Protection of property and business secrets, technological secrets, intellectual property of employers:
Define the list of assets, documents, technological secrets, business secrets, intellectual property, responsibilities, and measures to protect assets and secrets, as well as acts of infringing on property and secrets.
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Cases of temporarily transferring employees to work other than the labor contract:
Specify specific cases where temporary transfer of employees to work other than the labor contract is necessary for production and business requirements, in accordance with Article 29, Clause 1 of the Labor Code 2019.
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Violations of labor discipline by employees and forms of labor disciplinary action; specific provisions on.violations of labor discipline; forms of labor disciplinary action corresponding to the violations.
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Material responsibilities:
Define cases of compensation for damage caused by damage to tools,.equipment, or acts that cause property damage, loss of tools, equipment, assets, or excessive consumption of materials; compensation levels corresponding.to the extent of damage; and authorities responsible for handling compensation.
– Third
Before issuing or amending labor regulations, businesses must consult the opinions.of the representative.organizations of employees at the establishment where there are such representative organizations.
– Fourth
After the issuance, labor regulations must be sent to each representative organization.of employees at the establishment (if any) and notified to all employees. The main content must be posted in necessary locations in the workplace.
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