Is it possible to take disciplinary measures at work against employees being held under detention in Vietnam?
- Is it possible to take disciplinary measures at work against an employee being held under detention in Vietnam?
- Is it possible to temporarily suspend the employment contracts of employees being held under detention in Vietnam?
- Vietnam: Shall the employers reinstate the employees after the expiry of the suspension period of the employment contract?
Is it possible to take disciplinary measures at work against an employee being held under detention in Vietnam?
Pursuant to the provisions in Point b, Clause 4, Article 122 of the 2019 Labor Code, the regulations are as follows:
Principles and procedures for taking disciplinary measures at work
1. Disciplinary measures against an employee shall be taken in accordance with the following regulations:
a) The employer is able to prove the employee’s fault;
b) The process is participated in by the representative organization of employees to which the employee is a member;
c) The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal representative must be present;
d) The disciplinary process is recorded in writing.
2. It is prohibited to impose more than one disciplinary measure for one violation of internal labor regulations.
3. Where an employee commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.
4. No disciplinary measure shall be taken against an employee during the period when:
a) The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
b) The employee is being held under temporary custody or detention;
c) The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of this Labor Code;
d) The employee is pregnant, on maternal leave or raising a child under 12 months of age.
5. No disciplinary measure shall be taken against an employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control.
6. The Government shall provide for the principles and procedures for taking disciplinary measures at work.
Thus, based on the above regulations, employers are not allowed to take disciplinary measures at work against employees being held under detention according to regulations.
Is it possible to take disciplinary measures at work against employees being held under detention in Vietnam?
Is it possible to temporarily suspend the employment contracts of employees being held under detention in Vietnam?
Pursuant to the provisions in Point b, Clause 1, Article 30 of the 2019 Labor Code, the regulations are as follows:
Suspension of an employment contract
1. Cases of suspension of an employment contract:
a) The employee is conscripted into the army or militia;
b) The employee is held in custody or detention in accordance with the criminal procedure law;
c) The employee is sent to a reformatory school, drug rehabilitation center or correctional facility;
d) The female employee is pregnant as specified in Article 138 of this Code;
dd) The employee is designated as the executive of a wholly state-owned single-member limited liability company;
e) The employee is authorized to representative the state investment in another enterprise;
g) The employee is authorized to represent the enterprise’s investment in another enterprise;
h) Other circumstances as agreed by both parties.
2. During the suspension of the employment contract, the employee shall not receive the salary and benefits specified in the employment contract, unless otherwise agreed by both parties or prescribed by law.
Accordingly, employers are allowed to suspend the employment contracts of employees being held under detention according to the provisions of law on criminal proceedings.
Vietnam: Shall the employers reinstate the employees after the expiry of the suspension period of the employment contract?
Pursuant to the provisions of Article 31 of the 2019 Labor Code, it is stipulated as follows:
Reinstatement of employees upon expiry of the temporary suspension of the employment contract
Within 15 days from the expiry of the suspension period of the employment contract, the employee shall be present at the workplace and the employer shall reinstate the employee under the employment contract if it is still unexpired, unless otherwise agreed by both parties or prescribed by law.
Thus, based on the above regulations, within 15 days from the expiration date of the temporary suspension of implementation of the labor contract, the employee must be present at the workplace and the employer must receive the employee. The employee returns to work under the concluded labor contract if the labor contract is still valid, unless the two parties agree or the law provides otherwise.
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