In which cases is dismissal of employees subject to criminal prosecution in Vietnam?
I was dismissed by the company for no reason, will the person who makes the decision to dismiss me be prosecuted for criminal responsibility?
Under what circumstances may an employer dismiss an employee in Vietnam?
According to Article 125 of the 2019 Labor Code, 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, only in the above cases in Vietnam, the employer can apply the disciplinary measure of dismissal to the employee.
In which cases is dismissal of employees subject to criminal prosecution in Vietnam?
Pursuant to Article 162 of the 2015 Penal Code as amended by Article 1 of the 2017 Penal Code Amendment Law as follows:
1. A person who commits any of the following acts and cause serious consequences shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 01 year's community sentence or 03 – 12 months' imprisonment:
a) Issuing illegal decisions on dismissal of an official;
b) Laying off a worker against the law;
c) Forcing or threatening an official or worker to resign.
2. This offence committed in any of the following circumstances carries a fine of from VND 100,000,000 to VND 200,000,000 or a penalty of 01 - 03 years' imprisonment:
a) The offence is committed against more than one person;
b) The offence is committed against a women whose pregnancy is known by the offender;
c) The offence is committed against a woman raising a child under 12 months of age;
d) The offence results in the suicide of the person who is illegally laid off or forced to resign.
dd) The offence results in other very serious consequences or extremely serious consequences.
3. The offender might be forbidden from holding certain positions for 01 - 05 years.
Thus, according to the above provisions in Vietnam, only in case the person dismisses you for self-seeking purposes or another private motive, causing serious consequences, they will be criminally responsible. The penalty for this act may be a fine of from VND 10,000,000 to VND 100,000,000, a penalty of up to 01 year's community sentence or 03 – 12 months' imprisonment.
Best Regards!
