Disciplinary employees not only affect their material but also greatly affect their spirit. Therefore, the provisions of Vietnamese law force employers to consider the extent of violations and errors of employees to apply appropriate forms of labour discipline. So, what are the cases in which the employee violates without being disciplined?
Article table of contents
07 cases of not being disciplined for employees (Illustration image)
Pursuant to the provisions of Article 122 and Article 208 of the Labor Code 2019 of Vietnam, an employee will not be subject to labor discipline if he/she falls into one of the following cases:
(1) The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
(2) The employee is being held under temporary custody or detention;
(3) 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;
(4) The employee is pregnant, on maternal leave or raising a child under 12 months of age.
(5) The employee is suffering from a mental illness or another disease that causes loss of cognitive ability or ability to control behavior.
(6) The statute of limitations for handling labor discipline has expired.
(7) Workers, strike leaders.
Note: For cases (1), (2), (3), (4), the employee will be temporarily not disciplined during the time of having the above reasons. At the end of such period, if the statute of limitations for handling labor discipline is still in effect but is not full 60 days or the statute of limitations for disciplinary action has expired, the employer may extend the statute of limitations for disciplinary action to no more than 60 days and proceed with handle labor discipline according to the law.
Particularly for cases (5), (6), (7), the employee will not be disciplined, not just temporarily not handled .
If an employee falls into one of the above cases and is still disciplined by the company, the employee has the right to complain to cancel that decision on disciplinary action; or complain to the Chief Inspector of the Department of Labor - Invalids and Social Affairs where the company is located or the Court for settlement.
If the company knows that the employee falls into one of the 07 cases above but still intentionally takes labor discipline against that employee, the company will be administratively sanctioned under the provisions of Decree 28/2020/ ND-CP of Vietnam. Specifically:
- A fine ranging from VND 5,000,000 to 10,000,000 on the employer for disciplining employees or paying compensation for the damage that is not in accordance with the order, procedures and statute of limitations as prescribed by law;
- A fine ranging from VND 10,000,000 to VND 20,000,000 on the employer to take disciplinary action against female employees who are pregnant or on maternity leave as prescribed by the law on social insurance, raising children under 12 months old;
- A fine ranging from VND 5,000,000 to VND 10,000,000 on the employer terminating the labor contract or taking labor discipline against the employee, the leader of the strike or dispatching the employee, the strike leader moves to another job, goes to work elsewhere for the reason of preparing to strike or participating in the strike
Bao Ngoc
- Key word:
- Labor discipline in Vietnam
