Vietnam: Is the dossier of registration of internal labor regulations required to have written comments from the grassroots trade union?
Does the dossier of registration of internal labor regulations need to have written comments from the grassroots trade union in Vietnam?
Pursuant to Article 120 of the Labor Code of Vietnam 2019, the dossier of registration of internal working regulations includes:
- The application form;
- A copy of the internal labor regulations;
- Comments of the representative organization of employees (if any);
- Documents of the employer that are relevant to labor discipline and material responsibility (if any).
According to the above provisions on the composition of the dossier of registration of internal labor regulations, if the enterprise has a grassroots trade union, it is mandatory in the dossier to have written comments from the grassroots trade union.
Vietnam: Is the dossier of registration of internal labor regulations required to have written comments from the grassroots trade union?
What contents will have to have internal labor regulations in Vietnam?
Pursuant to Clause 2, Article 69 of Decree 145/2020/ND-CP stipulating internal labor regulations, there are usually the following contents:
- Specific working hours, rest periods in 01 day, 01 week; work shifts; beginning and ending time of shifts; overtime work (if any); special cases of overtime work; extra rest breaks; breaks between shifts; weekly days off; annual leave, personal leave, unpaid leave;
- Workplace order; work area, movement during working hours; code of conduct; dress code; compliance to job assignment by the employer;
- Occupational hygiene and safety in the workplace: responsibility to comply with rules and regulations, procedures and measures for assurance of occupational hygiene, occupational safety and fire safety; use and preservation of personal safety equipment and other equipment serving assurance of occupational hygiene and safety at the work place; cleaning, decontamination and disinfection at the workplace;
- The employer’s regulations on preventing and combating sexual harassment in the workplace; procedures for taking actions against sexual harassment in the workplace as prescribed in Article 85 of this Decree;
- Protection of the employer’s assets, business secrets, technological secrets and intellectual property: A list of assets, documents, technological secrets, business secrets, intellectual property; responsibility, measures for protection thereof; definition of infringements upon these assets and secrets;
- Specific cases in which employees may be temporarily reassigned against their employment contracts according to Clause 1 Article 29 of the Labor Code of Vietnam;
- Specific employees’ violations and corresponding disciplinary actions;
- Material responsibility: Cases in which the employee has to pay compensation for causing damage to or losing tools, instruments or assets; exceeding material consumption limits; compensation levels in proportion to the damage caused; persons having the power to claim compensation;
- Persons having the power to take disciplinary actions: persons having the power to conclude employment contracts on behalf of the employer as prescribed in Clause 3 Article 18 of the Labor Code of Vietnam or specific persons specified in the internal labor regulations.
In what cases does the employer need to promulgate internal labor regulations in Vietnam?
Pursuant to Clause 1, Article 69 of Decree 145/2020/ND-CP stipulates as follows:
Article 69. Internal labor regulations
Internal labor regulations prescribed in Article 118 of the Labor Code of Vietnam are elaborated as follows:
1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations. Written regulations are not required if the employer has fewer than 10 employees but labor discipline and material responsibility must be included in the contents of the employment contracts.
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Accordingly, the employer must promulgate internal labor regulations
If employing 10 or more employees, the internal labor regulations must be in writing.
At the same time, based on Point b, Clause 2, Article 19 of Decree 12/2022/ND-CP stipulates as follows:
Article 19. Violations against regulations on labour discipline and material responsibility
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2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on an employer who commits one of 2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to apply written internal labour regulations when employing 10 employees or more;
b) Failing to follow procedures for registration of internal labour regulations as prescribed by law;
c) Failing to consult with the internal representative organization of employees (if any) before issuing or revising the internal labour regulations;
d) Applying the internal labour regulations which have not been yet in effect or have become null and void;
dd) Failing to follow processes, procedures and time limits set out in law when implementing disciplinary measures at work or paying compensation for damage;
e) Suspending employees from work for a duration exceeding the maximum suspension period prescribed by law;
g) Before suspending employees from work, failing to consult with the internal representative organization of employees to which the employee is a member.
Accordingly, if the employer does not have written internal labor regulations when employing 10 or more employees, he/she may be fined from VND 5,000,000 to VND 10,000,000.
The above penalty is the penalty prescribed for the individual. The fine for organizations is 02 times higher than the fine for individuals (Clause 1 Article 6 of Decree 12/2022/ND-CP).
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