In what cases are disciplinary measures against an employee not taken in Vietnam?
Please ask: In what cases are disciplinary measures against an employee not taken in Vietnam? Hope to get an answer. Question from Mr. Hoang in Lao Cai
In what cases are disciplinary measures against an employee not taken in Vietnam?
Pursuant to Clause 4, Article 122 of the 2019 Labor Code, regulations on principles and procedures for taking disciplinary measures at work are as follows:
Principles and procedures for taking disciplinary measures at work
...
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.
...
Thus, according to the above regulations in Vietnam, employers are not allowed to discipline employees in the following cases:
- The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
- The employee is being held under temporary custody or detention;
- The employee is waiting for verification and conclusion of the competent agency for acts of violations regarding the following acts:
+ Theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
+ Disclosing technological or business secrets or infringing the intellectual property rights of the employer, committing acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer;
+ Committing sexual harassment in the workplace against the internal labor regulations.
- The employee is pregnant, on maternal leave or raising a child under 12 months of age.
In what cases are disciplinary measures against an employee not taken in Vietnam? (Image from the Internet)
In what cases are employees dismissed for disciplinary reasons in Vietnam?
Pursuant to Article 125 of the 2019 Labor Code, which stipulates dismissal for disciplinary reasons:
Dismissal for disciplinary reasons
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.
Thus, employees will be dismissed for disciplinary reasons in the following cases:
(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;
(3) The employee commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer;
(4) The employee commits sexual harassment in the workplace against the internal labor regulations;
(5) The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved.
(6) 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.
What are forbidden actions when imposing disciplinary measures in the workplace in Vietnam?
Pursuant to Article 127 of the 2019 Labor Code, which stipulates forbidden actions when imposing disciplinary measures in the workplace:
Forbidden actions when imposing disciplinary measures in the workplace
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.
Thus, forbidden actions when imposing disciplinary measures in the workplace in Vietnam include:
- Harming the employee's health, life, honor or dignity.
- Applying monetary fines or deducting the employee’s salary wage.
- 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.
Best regards!
