How many employees must an employer employ to be required to register internal labor regulations in Vietnam?
How many employees must an employer employ to be required to register internal labor regulations in Vietnam?
Based on the provisions of Clause 1, Article 119 of the Labor Code 2019, the regulations are as follows:
Registration of internal labor regulations
1. An employer that employs 10 or more employees must register the internal labor regulations at the labor-related specialized agency under the provincial People's Committee where the employer is registered for business.
2. Within 10 days from the issuance of the internal labor regulations, the employer must submit the registration dossier of the internal labor regulations.
3. Within 07 working days from the receipt of the registration dossier of the internal labor regulations, if the content of the internal labor regulations is inconsistent with the law, the labor-related specialized agency under the provincial People's Committee shall notify and guide the employer to amend, supplement, and re-register.
4. An employer with branches, units, or production and business establishments located in different areas must send the registered internal labor regulations to the labor-related specialized agency under the provincial People's Committee where the branches, units, or production and business establishments are located.
5. Based on specific conditions, the labor-related specialized agency under the provincial People's Committee may authorize the labor-related specialized agency under the district-level People's Committee to carry out the registration of internal labor regulations as stipulated in this Article.
Thus, according to the above provisions, an employer that employs 10 or more employees must register internal labor regulations at the labor-related specialized agency under the provincial People's Committee where the employer is registered for business.
How many employees must an employer employ to be required to register internal labor regulations in Vietnam?
What are the contents of internal labor regulations in Vietnam?
Based on the provisions of Clause 2, Article 118 of the Labor Code 2019, the regulations are as follows:
Internal labor regulations
1. An employer must issue internal labor regulations; if employing 10 or more employees, the internal labor regulations must be in writing.
2. The content of internal labor regulations must not be contrary to labor laws and related legal provisions. The internal labor regulations shall include the following essential contents:
a) Working hours, rest times;
b) Order at the workplace;
c) Occupational safety and health;
d) Prevention and handling of sexual harassment at the workplace; procedures for handling acts of sexual harassment at the workplace;
dd) Protection of the employer's assets, business secrets, technological secrets, and intellectual property;
e) Cases in which the employee may be temporarily reassigned to other work differing from the labor contract;
g) Acts of labor discipline violations by the employee and the forms of labor discipline;
h) Material responsibility;
i) Authorized persons competent to handle labor discipline.
3. Before issuing or amending, supplementing the internal labor regulations, the employer must consult with the employee representative organization at the grassroots level where there is an employee representative organization.
4. internal labor regulations must be communicated to employees and the main contents must be publicly posted at necessary places in the workplace.
5. the Government of Vietnam provides detailed regulations on this Article
Thus, internal labor regulations include the following essential contents:
- Working hours, rest times;
- Order at the workplace;
- Occupational safety and health;
- Prevention and handling of sexual harassment at the workplace; procedures for handling acts of sexual harassment at the workplace;
- Protection of the employer's assets, business secrets, technological secrets, and intellectual property;
- Cases in which the employee may be temporarily reassigned to other work differing from the labor contract;
- Acts of labor discipline violations by the employee and the forms of labor discipline;
- Material responsibility;
- Authorized persons competent to handle labor discipline.
What documents are included in the dossier for registering internal labor regulations in Vietnam?
Based on the provisions of Article 120 of the Labor Code 2019, the regulations are as follows:
Dossier for Registration of internal labor regulations
The dossier for registration of internal labor regulations includes:
1. A written request for registration of internal labor regulations;
2. internal labor regulations;
3. Written comments of the employee representative organization at the grassroots level where there is an employee representative organization;
4. Documents issued by the employer that have related provisions on labor discipline and material responsibility (if any).
The dossier for registering internal labor regulations includes the following documents:
- A written request for registration of internal labor regulations;
- internal labor regulations;
- Written comments of the employee representative organization at the grassroots level where there is an employee representative organization;
- Documents issued by the employer that have related provisions on labor discipline and material responsibility (if any).
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