Labor Disciplinary Procedures: Regulations on Handling, Complaints, and Material Responsibilities

Procedure and process for handling labor discipline

Dear specialist, I would like to inquire about the following issue: What are the procedure and process for handling labor discipline according to the Labor Code 2019? Thank you very much!

Response. Clause 1, Article 122 of the Labor Code 2019 stipulates the procedure and process for handling labor discipline as follows:

The handling of labor discipline is regulated as follows:

- The employer must prove the fault of the employee;

- There must be the participation of the representative organization of employees at the establishment where the disciplined employee is a member;

- The employee must be present and has the right to self-defense, request a lawyer or a representative organization of employees for defense; in case the employee is under 15 years old, there must be the participation of a legal representative;

- The handling of labor discipline must be recorded in written minutes.

Complaints about labor discipline and material liability

Dear specialist, I would like to ask: How are complaints about labor discipline and material liability regulated according to the Labor Code 2019? Thank you!

Response. Article 131 of the Labor Code 2019 stipulates complaints about labor discipline and material liability as follows:

Complaints about labor discipline and material liability:

An individual who is disciplined, suspended from work, or required to compensate according to material liability policies, if deemed unsatisfactory, has the right to complaint to the employer or a competent authority in accordance with the law or request a labor dispute resolution as per the defined legal procedure.

The Government of Vietnam will detail this Article.

Prohibited acts when handling labor discipline

Dear specialist, I would like to ask: What acts are prohibited when handling labor discipline according to the Labor Code 2019? Thank you!

Response. Article 127 of the Labor Code 2019 regulates the prohibited acts when handling labor discipline as follows:

- Infringing upon health, honor, life, reputation, and dignity of the employee;

- Fining or deducting wages in place of disciplinary measures;

- Disciplining employees for acts not stipulated in the labor rules, not agreed in the labor contract, or not provided by labor law.

Respectfully!