Is it legal for employers in Vietnam to take disciplinary measures against female employees who are pregnant?
- Vietnam: How many forms of disciplinary measures against employees are there?
- Is it legal for employers in Vietnam to take disciplinary measures against female employees who are pregnant?
- What is the time limit for taking disciplinary measures at work against female employees who are pregnant in Vietnam?
- What are the forbidden actions when imposing disciplinary measures in the workplace in Vietnam?
Vietnam: How many forms of disciplinary measures against employees are there?
Pursuant to Article 124 of the Labor Code 2019 stipulates the forms of disciplinary measures against employees, including:
- Reprimand.
- Deferment of pay rise for up to 6 months.
- Demotion.
- Dismissal.
Is it legal for employers in Vietnam to take disciplinary measures against female employees who are pregnant?
Is it legal for employers in Vietnam to take disciplinary measures against female employees who are pregnant?
Pursuant to Article 122 of the Labor Code 2019 stipulates 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, according to the above regulations, in the case of pregnant female employees, the employer is not entitled to labor discipline.
What is the time limit for taking disciplinary measures at work against female employees who are pregnant in Vietnam?
Pursuant to Article 123 of the Labor Code 2019 stipulates as follows:
Time limit for taking disciplinary measures at work
1. The time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation. The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.
2. In case the time limit stipulated in this Article has expired or is shorter than 60 days when the period stipulated in Clause 4 Article 122 of this Labor Code expires, the former may be extended for up to 60 more days.
3. The employer shall issue a disciplinary decision within the period specified in Clause 1 and Clause 2 of this Article.
Accordingly, the time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation.
The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.
However, No disciplinary measure shall be taken against an employee during their pregnancy. At this time, the statute of limitations may be extended for up to 60 more days in case the time limit has expired or is shorter than 60 days when the period stipulated
What are the forbidden actions when imposing disciplinary measures in the workplace in Vietnam?
Pursuant to the provisions of Article 127 of the Labor Code 2019, which stipulates the forbidden actions when imposing disciplinary measures in the workplace as follows:
- Harming the employee's health, life, honor or dignity.
- Applying monetary fines or deducting the employee’s salary wage.
- Imposing a disciplinary measure against an employee for a violation which is not stipulated in the internal labor regulations or employment contract or labor laws.
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