Draft of the Labor Code 2012 is expected to come into effect from January 01, 2021. Notably, in this draft, the content has been amended and supplemented regarding cases where employees are dismissed for disciplinary reasons.
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To be specific, according to this Draft, the form of disciplinary dismissal may be applied by the employer to the employee in the following cases:
- The employee commits acts of theft, embezzlement, gambling, intentional injury, or drug use within the workplace.
- The employee commits acts of disclosing business secrets, technological secrets, infringing on the intellectual property rights of the employer, causing serious damage or threatening to cause exceptionally serious damage to the assets or interests of the employer or sexual harassment in the workplace as regulated in the labor regulations. (The Draft has added sexual harassment in the workplace as one of the acts subject to dismissal compared to the current regulations).
- The employee is disciplined by extending the wage increase period or being demoted and repeats the offense during the period when the discipline has not been erased.
Repeated offense refers to the instance where the employee continues to commit violations to the extent that the disciplinary action under Clause 2, Article 126 of the Draft must be applied and the discipline has not been erased according to the provisions of Article 128.
It can be seen that the Draft has specifically defined "repeated offense" in this case to be when the employee continues to commit violations to the extent that the disciplinary action of extending the wage increase period by no more than 06 months or demotion must be applied and the discipline has not been erased. (The current regulation only generally stipulates that it is the case when the employee repeats the violation that has been disciplined and the discipline has not been erased).
At the same time, the Draft no longer stipulates that the act of the employee voluntarily leaving work for 05 cumulative days in 01 month or 20 cumulative days in 01 year without a legitimate reason is one of the acts subject to disciplinary dismissal as per the current regulations.
Nguyen Trinh
