From 2021, Workplace Regulations Must Clearly Specify Authorized Personnel for Handling Labor Discipline

This is new content introduced in the Draft of the Amended Labor Code, expected to take effect from January 1, 2021.

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To be specific, according to this Draft, the employer must issue labor regulations; if employing 10 or more employees, the labor regulations must be in writing.

The content of the labor regulations must not contradict labor laws and relevant legal provisions. The labor regulations must include the following main contents:

- Working hours and rest periods.- Order at the workplace.- Labor safety and hygiene.- Prevention and control of sexual harassment at the workplace; procedures for handling acts of violation against prevention and control of sexual harassment at the workplace.- Protection of the employer's assets and trade secrets, technological secrets, and intellectual property.- Disciplinary violations of employees and forms of labor discipline, material responsibilities.- The person authorized to handle labor discipline.

Compared to the current regulations in the Labor Code 2012, the Draft has added 2 new contents that must be stipulated in the labor regulations, which are:

- Prevention and control of sexual harassment at the workplace; procedures for handling acts of violation against the prevention and control of sexual harassment at the workplace.- The person authorized to handle labor discipline.

From January 1, 2021, the labor regulations must specify who is authorized to handle labor discipline concerning employees.

Note: The labor regulations must be communicated to the employees, and the main contents must be posted in necessary places at the workplace.

Nguyen Trinh

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