Is Discipline Dismissal Allowed if the Employee is Absent from the Labor Discipline Hearing?
Regarding the principles for handling disciplinary dismissal, it must be carried out in accordance with the procedures stipulated in Article 123 of the Labor Code 2012. Specifically:
- Disciplinary handling of labor is regulated as follows:
a) The employer must prove the fault of the employee;
b) There must be participation from the representative organization of the collective labor at the establishment;
c) The employee must be present and has the right to self-defense, hire a lawyer or another person to defend; in the case of an employee under 18 years old, participation by the parents or legal representative is required;
d) The disciplinary handling of labor must be documented in minutes.
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The procedure for handling labor discipline is guided by Article 30 of Decree 05/2015/ND-CP:
The employer sends a written notice about the participation in the disciplinary handling meeting to the Executive Committee of the grassroots trade union or the Executive Committee of the superior trade union where no grassroots trade union has been established, the employee, the parents, or the legal representative of the employee under 18 years old at least 5 working days before the meeting is held.
The disciplinary handling meeting is conducted when all participants notified according to Clause 1 of this Article are present. If the employer has notified in writing 03 times, but one of the notified parties is still not present, the employer conducts the disciplinary handling meeting, except for the case where the employee is in the period not subject to disciplinary handling as stipulated in Clause 4 of Article 123 of the Labor Code.
Thus, in this case, the company needs to send written notification 03 times to the employee. If the company has notified in writing 03 times and the employee is still not present, the employer may proceed with the labor disciplinary handling meeting.
Regards!
