What Constitutes Legitimate Reasons for Dismissal
At Clause 3, Article 126 of the 2012 Labor Code, there are regulations regarding the application of the dismissal disciplinary measure as follows:
The dismissal disciplinary measure is applied by the employer in the following cases:
- The employee arbitrarily leaves work for 05 aggregate days within 01 month or 20 aggregate days within 01 year without a legitimate reason.
Cases considered to have legitimate reasons include: natural disasters, fires, the illness of oneself or relatives as confirmed by an authorized medical establishment, and other cases as stipulated in the labor regulations.
Additionally, Article 31 of Decree 05/2015/ND-CP provides guidance on this law as follows:
- Application of the dismissal disciplinary measure is applicable to employees who arbitrarily leave work for 05 aggregate working days within 30 days from the first day of arbitrary leave or 20 aggregate working days within 365 days from the first day of arbitrary leave without a legitimate reason.
- Employees with legitimate reasons for leave in the following cases:
+ Due to natural disasters, fires;
+ Oneself, biological father, biological mother, foster father, foster mother, father-in-law, mother-in-law, father of one's spouse, mother of one's spouse, spouse, biological children, or legally adopted children are ill, with a confirmation from a medical establishment established and operating in accordance with the law;
+ Other cases as stipulated in the labor regulations.
=> Thus, legitimate reasons for dismissal include the following reasons:
- Leave due to natural disasters, fires;
- Leave because oneself, biological father, biological mother, foster father, foster mother, father-in-law, mother-in-law, father of one's spouse, mother of one's spouse, spouse, biological children, or legally adopted children are ill, with a confirmation from a medical establishment established and operating in accordance with the law;
- Leave for reasons stipulated in the labor regulations.
Above is all the information regarding your question.
Respectfully!
