14:52, 10/07/2024
From January 1, 2021, the Labor Code 2019 will take effect. Labor discipline is one of the areas with many new points compared to the current regulations in the Labor Code 2012. To be specific:
Article table of contents
| Labor Code 2019 (from Article 117 – Article 128) |
Labor Code 2012 (from Article 118 – Article 129) |
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| 1 | Labor Discipline | Regulations on compliance with time, technology, and production and business management issued by the employer in the labor rules and stipulated by law. | Regulations on compliance with time, technology, and production and business management in the labor rules. |
| From January 1, 2021, labor discipline includes not only the regulations on compliance with time, technology, and production and business management issued in the labor rules but also those stipulated by law. | |||
| 2 | Labor Rules | The employer must issue labor rules, if employing 10 or more employees, the labor rules must be in writing. The labor rules must include the following main contents: - Working hours, rest periods; - Order at the workplace; - Occupational safety and hygiene; - Prevention and handling of sexual harassment at the workplace; procedures for handling sexual harassment behaviors at the workplace; - Protection of property and business secrets, technological secrets, and intellectual property of the employer; - Cases of temporary transfer of employees to other jobs different from those agreed in the labor contract; - Employees' violations of labor discipline and forms of handling labor discipline; - Material responsibility; - Person authorized to handle labor discipline. Before issuing labor rules or amending, supplementing labor rules, the employer must consult the representative organization of employees at the establishment where there is a representative organization of employees at the establishment. |
The employer employing 10 or more employees must have written labor rules. The labor rules must include the following main contents: - Working hours, rest periods; - Order at the workplace; - Occupational safety and hygiene at the workplace; - Protection of property and business secrets, technological secrets, and intellectual property of the employer; - Employees' violations of labor discipline and forms of handling labor discipline, material responsibility. Before issuing labor rules, the employer must consult the representative organization of the collective labor at the establishment. |
| From January 1, 2021, it is specifically stated in the law that employers with 10 or more employees must register labor rules. Addition of 3 new compulsory contents in labor rules: - Prevention and handling of sexual harassment at the workplace; procedures for handling sexual harassment behaviors at the workplace; - Cases of temporary transfer of employees to other jobs different from those agreed in the labor contract; - Person authorized to handle labor discipline. Additionally, before amending, supplementing labor rules, the employer must also consult the representative organization of employees at the establishment where there is a representative organization of employees at the establishment, not just before its issuance as stipulated by current law. |
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| 3 | Registration of Labor Rules | Employers employing 10 or more employees must register their labor rules with the labor authority under the provincial People's Committee where the employer registers for business. Employers with branches, units, or production facilities in different localities must send the registered labor rules to the labor authority under the provincial People's Committee where the branches, units, or production facilities are located. |
Employers must register their labor rules with the state labor management authority at the provincial level. |
| From January 1, 2021, employers employing fewer than 10 employees do not need to register labor rules. Furthermore, the 2019 Labor Code specifically mentions the registration of labor rules for branches, units, and production facilities located in different localities. | |||
| 4 | Effectiveness of Labor Rules | Labor rules come into effect 15 days after the competent state authority specified in Article 119 of this Code receives the full registration dossier of the labor rules. In cases where employers employing fewer than 10 employees issue written labor rules, the effect is decided by the employer in the labor rules. |
Labor rules come into effect 15 days after the provincial state labor management authority receives the registration dossier of labor rules, except in cases specified in Clause 3, Article 120 of this Code. |
| Specifically mentions that for employers employing fewer than 10 employees, who issue written labor rules, the effect is decided by the employer in the labor rules. | |||
| 5 | Principles and Procedures for Handling Labor Discipline | Employees must be present and have the right to self-defense, hire a lawyer or a representative organization of employees to defend them; in cases of employees under 15 years old, there must be participation of their legal representatives; | Employees must be present and have the right to self-defense, hire a lawyer or another person to defend them; in cases of employees under 18 years old, there must be participation of their parents or legal representatives; |
| From January 1, 2021, employees have the right to hire a representative organization to defend themselves. Specifically, employees under 15 years old must have the participation of their legal representatives. | |||
| 6 | Time Limits for Handling Labor Discipline | When the time ends: - Sick leave, convalescence leave; leave approved by the employer; - Being temporarily detained or temporarily imprisoned; - Awaiting the results of the competent authority's investigation, verification, and conclusion on the acts specified in Clauses 1 and 2 of Article 125 of this Code; - Female employees pregnant; employees on maternity leave or nursing children under 12 months old. If the time limit expires or remains but insufficient for 60 days, the time limit is extended for handling labor discipline but no more than 60 days from the end date mentioned above. |
When the time ends: - Sick leave, convalescence leave; leave approved by the employer; - Being temporarily detained or temporarily imprisoned; - Awaiting the results of the competent authority's investigation, verification, and conclusion on the acts specified in Clause 1, Article 126 of this Code; If the time limit for handling labor discipline remains, the employer must handle labor discipline immediately; if the time limit expires, it can be extended for handling labor discipline but no more than 60 days from the end date mentioned above. After the period of female employees pregnant, on maternity leave; employees nursing children under 12 months old ends if the time limit for handling labor discipline has expired, the time limit is extended for handling labor discipline but no more than 60 days from the end date mentioned above. |
| The 2019 Labor Code does not distinguish when determining the time limit for handling labor discipline for cases where labor discipline cannot be handled during the prescribed period. | |||
| 7 | Forms of Handling Dismissal | Dismissal as a form of handling discipline applied by the employer in cases where employees disclose business secrets, technological secrets, infringe intellectual property rights of the employer, cause serious damages or threaten to cause particularly serious damages to the property and interests of the employer or sexual harassment at the workplace as stipulated in labor rules; | Dismissal as a form of handling discipline applied by the employer in cases where employees commit theft, embezzlement, gambling, intentional injury, use drugs in the workplace, disclose business secrets or technological secrets, infringe intellectual property rights of the employer, cause serious damages or threaten to cause particularly serious damages to the property and interests of the employer; |
| From January 1, 2021, sexual harassment at the workplace as specified in labor rules is subject to dismissal. | |||
| 8 | Prohibitions in Handling Labor Discipline | Prohibited behaviors in handling labor discipline: - Infringe the health, honor, life, reputation, and dignity of employees. - Handle labor discipline for employees for violations not specified in the labor rules or not agreed upon in the labor contract or not stipulated by labor law. |
Prohibited behaviors in handling labor discipline: - Infringe the body, dignity of employees. - Handle labor discipline for employees for violations not specified in the labor rules. |
| New regulations specifically prohibit infringing the health, honor, life, reputation, and dignity of employees and handling labor discipline for violations not agreed upon in the labor contract or not stipulated by law. | |||
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