Dismissal occurs when the employer terminates the labor contract with the employee due to the fault of the employee. This is the most severe form of disciplinary action among the four types of labor discipline for employees. So, in which cases can an employee be dismissed?
Article table of contents
From 2021, employees may be dismissed if they commit the following acts (Illustrative image)
According to Article 125 BLLD 2019, employees may be subject to disciplinary dismissal if they commit any of the following acts:
- Theft, embezzlement, gambling, intentional injury, or drug use at the workplace.
- Disclosure of business secrets, technological secrets, or infringement upon the employer’s intellectual property rights.
- Causing serious damage or threatening to cause exceptionally serious damage to the employer’s property and interests.
- Sexual harassment at the workplace as stipulated in the labor regulations.
- Re-offending during the period of unexpunged discipline after being disciplined with an extended wage raise period or demotion.
- Unjustified leave from work for five cumulative days within a 30-day period or 20 cumulative days within a 365-day period from the first day of unjustified leave.
Justifiable reasons for leave include natural disasters, fires, personal or family illness certified by a competent medical facility, and other cases stipulated in internal labor regulations. All other cases are considered unjustifiable.
However, pursuant to Clauses 4 and 5 of Article 122 and Clause 3 of Article 137 of the BLLD 2019, employers must not dismiss employees in the following cases:
- Due to marriage;- Pregnant female employees; employees on maternity leave or breastfeeding children under 12 months old;- Sick leave, rehabilitation; leave approved by the employer;- Under temporary detention or arrest;- Awaiting investigation results and conclusions from competent authorities regarding the following violations:
- Theft, embezzlement, gambling, intentional injury, or drug use at the workplace;- Disclosure of business secrets, technological secrets, or infringement upon the employer’s intellectual property rights, causing serious damage or threatening to cause exceptionally serious damage to the employer’s property and interests, or sexual harassment at the workplace as stipulated in the labor regulations.
Thus, employers are permitted to dismiss employees if the violations comply with legal regulations. However, as this is a severe disciplinary action that results in job loss, directly affecting the livelihood and mental state of the employee and their family, the law imposes certain limitations on the employer’s right to dismiss under specific circumstances.
Thuy Tram
