Currently, the issue of tardiness is always a concern for businesses operating in a professional environment. Are employers allowed to fire employees for excessive tardiness in Vietnam?
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Are employers allowed to fire employees for excessive tardiness in Vietnam?(Illustrative photo)
According to Article 118 of the Labor Code 2012, labor discipline involves regulations concerning adherence to work hours, technology, and production, and business management as stipulated in the labor rules in Vietnam.
Simultaneously, Article 125 of the Labor Code 2012 stipulates four forms of discipline that enterprises can apply to employeesin Vietnam as follows:
- Reprimand.
- Extension of wage increase period for not more than 06 months.
- Demotion.
- Dismissal.
Therefore, if the labor rules specify that frequent tardiness will be subject to disciplinary actions, the enterprise may apply a form of labor discipline according to regulations when an employee violates the labor rules. However, the enterprise cannot terminate an employee for being frequently late.
To be specific: Article 126 of the Labor Code 2012 specifies the form of disciplinary dismissal applicable by the employer in the following circumstances:
- When the employee commits theft, embezzlement, gambling, intentional infliction of injury, drug use within the workplace, disclosure of business secrets, technological secrets, infringement of intellectual property rights of the employer, causing serious damage or threatening to cause particularly serious damage to the employer's property or interests;- When the employee is disciplined by having their wage increase period extended and recommits the offense within the non-disciplinary period or is disciplined by demotion and recommits the offense;- When the employee voluntarily leaves work for an aggregate of 05 days in a month or 20 days in a year without legitimate reasons.
Note: Legitimate reasons include: natural disasters, fires, the employee or their relatives falling ill with certification from a competent medical facility, and other cases as specified in the labor rules.
Thus, based on the above regulations, the case of an employee being frequently late does not fall under the circumstances in which an enterprise can terminate the employee. Therefore, terminating an employee for being frequently late constitutes a violation of the law.
It is evident that, according to legal provisions, enterprises can only apply the form of reprimand when an employee is frequently late if stipulated in the labor rules. Additionally, enterprises may extend the wage increase period for 06 months or demote the employee if the offense is recurrent. However, enterprises are strictly prohibited from terminating employees for being late. Furthermore, in such cases, enterprises are not permitted to fine or deduct the employee's wages as a substitute for disciplinary action.
If an enterprise terminates an employee for being late or fines or deducts the employee's wages as a substitute for disciplinary action, the enterprise will be fined from 10,000,000 VND to 15,000,000 VND. To be specific: pursuant to Clause 3, Article 18 of Decree 28/2020/ND-CP, a fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed on the employer for any of the following violations of labor discipline in Vietnam:
- Infringing upon the body or dignity of the employee when handling labor discipline, not yet to the extent of criminal liability;- Using fines or wage cuts as a substitute for labor disciplinary action;- Handling labor discipline for an employee's violation that is not stipulated in the labor rules;- Applying multiple forms of labor discipline for a single violation.
The above are the editorial board's Lawnet's consultations on whether enterprises can terminate employees who are frequently late. We hope this information helps employees understand their rights to better protect themselves. At the same time, enterprises should also take heed to avoid penalties in Vietnam.
Ty Na
