In Vietnam: Is it permissible to applying monetary fines to employees, who are late for work?

In Vietnam: Is it permissible to applying monetary fines to employees, who are late for work?

Pursuant to Article 127 of the Labor Code in 2019 stipulating forbidden actions when imposing disciplinary measures in the workplace in Vietnam as follows:

1. Harming the employee's health, life, honor or dignity.

2. Applying monetary fines or deducting the employee’s salary wage.

3. Imposing a disciplinary measure against an employee for a violation which is not stipulated in the internal labor regulations or employment contract or labor laws.

As regulations above, it is not permissible to applying monetary fines to employees, who are late for work. In your case, you may establish a disciplinary council to consider disciplinary measures for this emplyee in accordance with the law.

What is the maximum days for suspension of work of employees in Vietnam?

Pursuant to Article 128 of the Labor Code in 2019 stipulating work suspension in Vietnam as follows:

1. An employer has the right to suspend an employee from work if the violation is of a complicated nature and where the continued presence of the employee at the workplace is deemed to cause difficulties for the investigation. An employee shall only be suspended from work after consultation with the representative organization of employees to which the employee is a member.

2. The work suspension shall not exceed 15 days, or 90 days in special circumstances. During the suspension, the employee shall receive an advance of 50% of his/her salary entitled prior to the suspension.

Upon the expiry of the work suspension period, the employer shall reinstate the employee.

3. Where the employee is disciplined, he/she shall not be required to return the advanced salary.

4. Where the employee is not disciplined, the employer shall pay the full salary for the work suspension period.

As regulations above, an employer has the right to suspend an employee from work if the violation is of a complicated nature and where the continued presence of the employee at the workplace is deemed to cause difficulties for the investigation. The work suspension shall not exceed 15 days, or 90 days in special circumstances.

Is it permissible to impose more than one disciplinary measure for one violation of empoyees in Vietnam?

Pursuant to Article 122 of the Labor Code in 2019 stipulating principles and procedures for taking disciplinary measures at work in Vietnam as follows:

1. Disciplinary measures against an employee shall be taken in accordance with the following regulations:

a) The employer is able to prove the employee’s fault;

b) The process is participated in by the representative organization of employees to which the employee is a member;

c) The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal representative must be present;

d) The disciplinary process is recorded in writing.

2. It is prohibited to impose more than one disciplinary measure for one violation of internal labor regulations.

3. Where an employee commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.

4. No disciplinary measure shall be taken against an employee during the period when:

a) The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;

b) The employee is being held under temporary custody or detention;

c) The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of this Labor Code;

d) The employee is pregnant, on maternal leave or raising a child under 12 months of age.

5. No disciplinary measure shall be taken against an employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control.

6. The Government shall provide for the principles and procedures for taking disciplinary measures at work.

As regulations above, it is not permissible to impose more than one disciplinary measure for one violation of empoyees in Vietnam.

What disciplinary measures can be imposed on employees in Vietnam?

Pursuant to Article 124 of the Labor Code in 2019 stipulating disciplinary measures in Vietnam as follows:

1. Reprimand.

2. Deferment of pay rise for up to 6 months.

3. Demotion.

4. Dismissal.

Best regards!