Guidance on Developing and Registering Labor Regulations in 2018

1. Which business entities must register internal labor regulations?

According to Clause 1, Article 119 of the Labor Code 2012 (Labor Code 2012) and Clause 9, Article 28 of Decree 05/2015/ND-CP, employers that employ 10 or more employees must have written internal labor regulations. For employers using less than 10 employees, registration is not required.

Thus, businesses employing 10 or more employees are required to register the internal labor regulations with the provincial labor management authorities. This is a condition for the internal labor regulations to be legally effective. For units employing fewer than 10 employees, written internal labor regulations are not necessary, and labor discipline is shown through the legal orders and requests of the employer.

2. Procedures and dossier for registering internal labor regulations

According to Articles 120 and 121 of the Labor Code 2012 and Article 28 of Decree 05/2015/ND-CP, the internal labor regulations are registered with the following procedures and dossier:

- Within 10 days from the date of issuance of the internal labor regulations, the employer must submit the dossier for registering the internal labor regulations to the Department of Labor, War Invalids, and Social Affairs (Department of LDTBXH) where the enterprise is headquartered.

The dossier for registering internal labor regulations includes:

- A written request for registration of internal labor regulations;- Documents from the employer related to labor discipline and material responsibility;- Minutes of comments from the labor collective representative organization at the grassroots level;- The internal labor regulations.

- Upon receipt of the complete dossier for registering internal labor regulations, the Department of LDTBXH issues a certificate of receipt of the dossier to the employer. Within 7 working days from the date of receipt of the dossier, if the internal labor regulations contain provisions contrary to the law, the Department of LDTBXH will issue a written notice and guide the employer to amend, supplement, and register the internal labor regulations again.

- Upon receiving the notice that the internal labor regulations contain provisions contrary to the law, the employer must amend, supplement, solicit opinions from the labor collective representative organization at the grassroots level, and re-register.

In the case of amending and supplementing internal labor regulations in effect, the employer must solicit opinions from the labor collective representative organization at the grassroots level and re-register.

Illustration (Source: Internet)

3. What do the internal labor regulations include?

According to Article 27 of Decree 05/2015/ND-CP, the internal labor regulations include the following contents:

Working hours and rest periods: Regulations on normal working hours in a day, in a week; shifts; start and end times of shifts; overtime (if any); overtime in special cases; short break times outside of mid-shift breaks; shift changes; weekly rest days; annual leave, personal leave, unpaid leave.

Order in the workplace: Regulations on the scope of work, movement during working hours; conduct and attire; compliance with assignments and mobilization by the employer (except in cases where there is a clear risk of occupational accidents, occupational diseases, serious threats to life and health).

Occupational safety and hygiene at the workplace: Regulations on the responsibility to understand regulations on occupational safety and hygiene, fire prevention; compliance with measures to ensure occupational safety, hygiene, prevent accidents, occupational diseases; compliance with rules, procedures, standards, and regulations on occupational safety and hygiene; use and maintenance of personal protective equipment; workplace sanitation, detoxification, disinfection.

Protection of property and confidentiality of business secrets, technology secrets, and intellectual property of the employer: A list of assets, documents, technology secrets, business secrets, and intellectual property to be protected within the scope of assigned responsibilities.

Acts of labor discipline violations, forms of disciplinary action, and material responsibility: A list of violations, levels of violations corresponding to forms of disciplinary action; levels of damage, liability for compensation.

4. Effectiveness of internal labor regulations

Internal labor regulations take effect 15 days from the date the provincial labor management authority receives the registration dossier or re-registration dossier.

Employers with branches, units, production, and business establishments in many provinces and cities under central management are responsible for sending the effective internal labor regulations to the provincial labor management authority where the branches, units, production, and business establishments are located.

Enterprises employing more than 10 employees but not registering internal labor regulations will be fined from VND 5 million to VND 10 million according to Article 15 of Decree 95/2013/ND-CP, as amended and supplemented by Decree 88/2015/ND-CP.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE