If workers in Vietnam do not accept labor discipline, what are the settlement?

If workers in Vietnam do not accept labor discipline, what are the settlement?

Pursuant to Article 6 of the Labor Code 2019, the regulations on rights and obligations of the employer are as follows:

1. An employer has the rights to:

a) recruit, arrange and manage and supervise employees; give commendation and take actions against violations of internal labor regulations;

b) establish, join and operate in employer representative organization, occupational associations and other organizations in accordance with law;

c) request the representative organization of employees to negotiate the conclusion of the collective bargaining agreement; participate in settlement of labor disputes and strikes; discuss with the representative organization of employees about issues related to labor relations and improvement of the material and spiritual lives of employees;

d) temporarily close the workplace;

dd) exercise other rights prescribed by law.

According to Clause 2, Article 5 of the 2019 Labor Code, the obligations of the employee are as follows:

2. An employee has the obligations to:

a) implement the employment contract, collective bargaining agreement and other lawful agreements;

c) obey internal labor regulations, the lawful management, administration and supervision by the employer;

c) implement regulations of laws on labor, employments, vocational education, social insurance, health insurance, unemployment insurance, occupational safety and health.

Thus, according to the current regulations, employees in Vietnam are obliged to observe labor discipline, in case the employee does not perform the discipline of the enterprise, you can force the employee to perform the obligation to comply. Besides, you also need to work with the employee again before leading to a labor dispute. In case the employee initiates a lawsuit against the labor case, your company has the right to participate in the settlement of this dispute.

In which cases is dismissal discipline applied in Vietnam?

According to Article 125 of the 2019 Labor Code, the application of disciplinary action for dismissal is as follows:

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.

Best Regards!