Dismissal is the most severe form of disciplinary action of all forms of disciplinary action against employees. According to the Labor Code 2019 of Vietnam, there are 05 violations that can cause employees to lose their jobs.
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Specifically, according to the Labor Code 2019 of Vietnam, there are 05 violations that can cause employees to lose their jobs, including:
1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer.
3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved.
A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.
4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.
5. The employee commits sexual harassment in the workplace.
If an employee commits one of the above behaviors, the employer may be applied the disciplinary action of dismissal, the employee will lose his/her job.
Of the above 05 cases, the case where the employee commits sexual harassment in the workplace is a completely new provision of the Labor Code 2019 of Vietnam, which has not been mentioned in the Labor Code 2012. It can be that Vietnam’s law has become stricter in preventing sexual harassment in the workplace, which is reflected in employees losing their jobs immediately if they violate this behavior.
Note: Forbidden actions when imposing disciplinary measures in the workplace
- Harming the employee's health, life, honor or dignity.
- Applying monetary fines or deducting the employee’s salary wage.
- Imposing a disciplinary measure against an employee for a violation which is not stipulated in the internal labor regulations or employment contract or labor laws.
Thus, from January 01, 2020, when the Labor Code 2019 of Vietnam takes effect and replaces the Labor Code 2012, the employee must pay attention not to perform the above acts, otherwise the employee may lose his/her job immediately.
Thuy Tram
- Key word:
- Labor Code 2019
