What are the contents of internal labor regulations? What is the registration of internal labor regulations in Vietnam?
What are internal labor regulations in Vietnam?
Pursuant to Article 118 of the Labor Code 2019, it is stipulated as follows:
Internal labor regulations
1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.
2. The contents of the internal labor regulations shall not be contrary to labor laws or to relevant legal provisions. The internal labor regulations shall include the following key contents:
a) Working hours and rest periods;
b) Order at the workplace;
c) Occupational safety and health;
d) Actions against sexual harassment in the workplace;
dd) Protection of the assets and technological and business secrets and intellectual property of the employer;
e) Cases in which reassignment of employees are permitted;
g) Violations against labor regulations and disciplinary measures;
h) Material responsibility;
i) The person having the competence to take disciplinary measures.
3. Before issuing or revising the internal labor regulations, the employer shall consult the employee representative organization (if any).
4. Employees must be notified of the internal labor regulations, and the major contents must be displayed at the workplace where they are necessary.
5. The Government shall elaborate this Article.
Accordingly, the internal labor regulations shall include the following key contents:
- Working hours and rest periods;
- Order at the workplace;
- Occupational safety and health;
- Actions against sexual harassment in the workplace;
- Protection of the assets and technological and business secrets and intellectual property of the employer;
- Cases in which reassignment of employees are permitted;
- Violations against labor regulations and disciplinary measures;
- Material responsibility;
- The person having the competence to take disciplinary measures.
What are the contents of internal labor regulations? What is the registration of internal labor regulations in Vietnam?
What is the registration of internal labor regulations in Vietnam?
Pursuant to Article 119 of the Labor Code 2019, it is stipulated as follows:
Registration of internal labor regulations
1. An employer that has at least 10 employees shall register the internal labor regulations at the labor authority of the province where business registration is applied for.
2. Within 10 days from the date of issuance of the internal labor regulations, the employer must submit the application for registration of the internal labor regulations.
3. If any of the contents of the internal labor regulations is found contrary to the law, within 07 working days from the date of receipt of the application, the provincial labor authority shall notify and instruct the employer to revise it and re-submit the application.
4. An employer whose branches, units or business locations in different provinces shall send the registered internal labor regulations to the labor authority of those provinces.
5. The provincial labor authority may authorize a district-level labor authority to process an application for registration of internal labor regulations in accordance with this Article.
Thus, an employer that has at least 10 employees shall register the internal labor regulations.
The employer shall register the internal labor regulations at the labor authority of the province where business registration is applied for.
Vietnam: When submitting application for registration of internal labor regulations, do the employer submit documents of the employer that are relevant to labor discipline?
Pursuant to Article 120 of the Labor Code 2019, regulations on application for registration of internal labor regulations are as follows:
- The application form;
- A copy of the internal labor regulations;
- A document containing comments of the representative organization of employees if there is such a representative organization of employees at the working place;
- Documents of the employer that are relevant to labor discipline and material responsibility (if any).
According to the above regulations, only when there are documents of the employer that are relevant to labor discipline will the employer submit it as part of the application for registration of labor regulations.
Therefore, employers are not required to submit documents on regulations related to labor discipline when registering labor regulations.
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