Can victims of sexual harassment at workplaces be male employees in Vietnam?
Can victims of sexual harassment at workplaces be male employees in Vietnam? Is it against the law if the employers do not dismiss employees when they use drugs at workplaces in Vietnam? Can employees in Vietnam leave work early when they work during the rest break in the afternoon?
Can victims of sexual harassment at workplaces be male employees in Vietnam?
Can victims of sexual harassment at workplaces be male employees in Vietnam? Thank you!
Answer:
Pursuant to Clause 9 Article 3 of the Labor Code in 2019 stipulating as follows:
Sexual harassment in the workplace means any sexual act of a person against another person in the workplace against the latter’s will. Workplace means the location when an employee works under agreement or as assigned by the employer.
As regulations above, victims of sexual harassment at workplaces can be male employees in Vietnam.
Can victims of sexual harassment at workplaces be male employees in Vietnam? - Image from Internet
Is it against the law if the employers do not dismiss employees when they use drugs at workplaces in Vietnam?
Is it against the law if the employers do not dismiss employees when they use drugs at workplaces in Vietnam?
Answer:
Pursuant to Article 125 of the Labor Code in 2019, 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;
...
If an employee engages in drug use at the workplace, the employer is allowed to apply the disciplinary measure of dismissal. However, it is not mandatory for them to do so when an employee violates this rule.
Therefore, in our opinion, if the company's internal regulations or the employment contract does not specify the consequences for this situation, whether the employee will be terminated or not is at the discretion of the company.
Can employees in Vietnam leave work early when they work during the rest break in the afternoon?
My working hours are from 8 AM to 12 PM in the morning and from 1 PM to 5 PM in the afternoon. There is a one-hour break at noon. If I voluntarily work during the rest break in the afternoon, will I be allowed to leave work early?
Answer:
Pursuant to Article 109 of the Labor Code in 2019 stipulating rest breaks during working hours as follows:
1. An employee who works for at least 06 hours per day under Article 105 of this Code shall be given a rest break of at least 30 consecutive minutes. In case of night work, the rest break shall be at least 45 consecutive minutes.
If a shift lasts at least 06 consecutive hours, the rest break will be included in the working hour.
2. In addition to the rest break prescribed in Clause 1 of this Article, the employer shall determine other short breaks and specify that in the internal labor regulations.
According to regulations above and the information you provided, if the company has arranged for employees to have a one-hour lunch break, they have complied with the legal requirements.
Additionally, the Labor Code in 2019 does not have any provisions stating that if an employee voluntarily works during the lunch break, they will be allowed to leave early.
Therefore, in your case, if you choose to work during the lunch break, you will not be allowed to leave early in the afternoon.
Best regards!
