If an employee is disciplined in the form of a reprimand, does employer have to hold a meeting to handle it in Vietnam?

If an employee is disciplined in the form of a reprimand, does employer have to hold a meeting to handle it in Vietnam?

If an employee is disciplined in the form of a reprimand, does employer have to hold a meeting to handle it in Vietnam? Thanks for supporting the legal basis.

Reply:

According to Article 70 of Decree 145/2020/ND-CP regulating disciplinary procedures, accordingly:

Disciplinary procedures prescribed in Clause 6 Article 122 of the Labor Code are specified below:

1. In case an employee’s violation is discovered when it is committed, the employer shall prepare a violation record and inform the internal employee representative organization of which the employee is a member, the employee’s legal representative if the employee is under 15. In case an employee’s violation is discovered after it is committed, evidence of such violation must be gathered.

2. Within the time limit for disciplinary procedures specified in Clause 1 and Clause 2 Article 123 of the Labor Code, the employer shall hold a disciplinary hearing as follows:

a) At least 05 working days before the disciplinary hearing is held, the employer shall notify the mandatory participants prescribed in Point b and Point c Clause 1 Article 122 of the contents, time and location of the hearing, full name of the employee facing disciplinary procedure and his/her violations. Make sure the participants receive the notification before the hearing takes place;

b) Upon receipt of the employer’s notification, the mandatory participants prescribed in Point b and Point c Clause 1 Article 122 of the Labor Code shall send the employer confirmation of their participation. In case any of the mandatory participants cannot participate in the hearing, the employee and the employer shall reach an agreement on change of time and/or location of the hearing. In case such n agreement cannot be reached, the employer shall make the final decision;

c) The employer shall conduct the disciplinary hearing at the time and location mentioned in Point a and Point b of this Clause. In case any of the mandatory participants mentioned in Point b and Point c Clause 1 Article 122 does not confirm his/her participation or is not present, the employer shall still conduct the hearing.

3. Minutes of the disciplinary hearing shall be taken and ratified before the end of the hearing. The minutes shall bear the signatures of the participants as prescribed in Point b and Point c Clause 1 Article 122 of the Labor Code. In case a person refuses to sign the minutes, the minutes taker shall specify his/her full name and reasons for refusal in the minutes.

4. Within the time limit for disciplinary procedures specified in Clause 1 and Clause 2 Article 123 of the Labor Code, the person having the power to initiate disciplinary procedure shall issue a disciplinary decision and send it to the mandatory participants specified in Point b and Point c Clause 1 Article 122 of the Labor Code.

According to the procedures for handling labor discipline for employees, regardless of the form of disciplinary action, this order and procedure must be followed. Conducting a meeting to handle labor discipline is a mandatory procedure. Therefore, even if the employee is reprimanded by labor discipline (the lightest form of labor discipline), the meeting must still be held according to regulations in Vietnam.

If an employee is disciplined in the form of a reprimand, does employer have to hold a meeting to handle it in Vietnam? (Image from the Internet)

Does overtime work require employees' consent in Vietnam?

Question: When an employee works overtime, is the employee's consent required to work overtime?

Reply:

In Clause 1, Article 59 of Decree 145/2020/ND-CP, it is stipulated:

1. Except for the cases specified in Article 108 of the Labor Code, the employer must obtain the employees’ consent to the following matters when organizing overtime work:

a) Overtime hours;

b) Overtime location;

c) Overtime works.

And in Article 108 of the 2019 Labor Code, it is stipulated:

Overtime working in special cases

In the following cases, an employer has the right to request any employee to work overtime on any day without limits on the overtime hours as prescribed in Article 107 of this Labor Code and the employee must not decline:

1. Execution of a conscription order for the purpose of national security or national defense as prescribed by law;

2. Performance of tasks necessary to protect human life or property of certain organizations or individuals in the prevention and recovery of natural disasters, fires, epidemics and disasters, unless those tasks threaten the employees’ health or life as prescribed by occupational safety and health laws.

=> Thus, when the company organizes overtime in Vietnam, it is required to receive the employee's consent on contents such as overtime time, overtime location, and overtime work. Except for cases of overtime in Article 108 of the 2019 Labor Code mentioned above.

What content must the company disclose to employees in Vietnam?

According to the latest regulations guiding the 2019 Labor Code, it is unclear what content companies must disclose to employees?

Reply:

According to Clause 1, Article 43 of Decree 145/2020/ND-CP, information to be disclosed by the employer:

1. The employer shall disclose the following information to the employees:

a) The employer’s business performance;

b) Labor regulations, pay scale, payroll, productivity norms, rules and regulations and other regulatory documents of the employer relevant to employees’ interests, duties and responsibilities;

c) Collective bargaining agreements participated in by the employer;

d) Establishment, contribution to and use of reward and benefit funds and other funds to which employees contribute (if any);

dd) Trade union contributions; payment of social insurance, health insurance and unemployment insurance premiums;

e) Rewards and commendations given; disciplinary actions taken; settlement of complaints and denunciations relevant to employees' rights, duties and interests;

g) Other contents prescribed by law.

Best regards!