When do employers have right to dismiss their employees in Vietnam? Do employers have right to dismiss their employees who commit an act of theft, embezzlement, gambling in Vietnam?

Do employers have right to dismiss their employees who commit sexual harassment in the workplace in Vietnam? 

Let me ask: If an employee commits sexual harassment at work, is there any Code that stipulates whether the company has right to handle this employee and how to handle? Looking forward to support!

Answer: In Article 125 of the 2019 Labor Code, there are new regulations as follows:

An employer may dismiss an employee for disciplinary reasons in the following circumstances:
...

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

Thus, starting from 2021, the employer has right to handle dismissal for sexual harassment in the workplace if this issue is regulated in the labor regulations in Vietnam.

When do employers have right to dismiss their employees in Vietnam? Do employers have right to dismiss their employees who commit an act of theft, embezzlement, gambling in Vietnam? (Image from the Internet)

When do employers have right to dismiss their employees in Vietnam?

Let me ask a few questions about the discipline of dismissing employees. In what cases will employers apply the disciplinary form of dismissal from 2021?

Answer: Article 125 of the 2019 Labor Code stipulates:

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

Do employers have right to dismiss their employees who commit an act of theft, embezzlement, gambling in Vietnam? 

Hello, I want to ask a few questions about dismissing employees. Specifically as follows: Do employers have right to dismiss their employees who commit an act of theft, embezzlement, gambling in Vietnam from 2021?

Answer: Clause 1, Article 125 of the 2019 Labor Code stipulates:

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

...

Thus, according to this regulation in Vietnam, when employees commit acts of theft, embezzlement, or gambling, the company can discipline them to dismiss them.

Best regards!