The labor regulations are considered the law of the enterprise, serving as the basis for the management of workers. Below are the 07 contents of the labor regulations that must be revised before January 01, 2021.
Article table of contents
07 contents of labor regulations must be amended before January 1, 2021 (Illustration)
1. Supplementing cases of reassignment of an employee against the employment contract
According to Clause 1 Article 29 of the Labor Code 2019 of Vietnam, the employer shall specify in the internal labor regulations the cases in which the employer may temporarily reassign employees against the employment contracts.
Thus, enterprises must add specific content in case of reassignment of an employee against the employment contract in the internal labor regulations.
2. Amending the provision on overtime work
According to Point b Clause 2 Article 107 of the Labor Code 2019, the number of overtime working hours of the employee does not exceed 50% of the normal working hours in 01 day; in case of weekly work, the total normal working hours plus overtime working hours shall not exceed 12 hours in 01 day, and 40 hours in 01 month.
Thus, enterprises must amend the overtime hours of employees in the labor regulations from no more than 30 hours in a month as currently, to no more than 40 hours in a month.
3. Amending the number of days off for the National Day
According to Point dd Clause 1 Article 112 of the Labor Code 2019, employees shall be entitled to fully paid days off on National Day, to be specific: 02 days (the 2nd of September of the Gregorian calendar and the previous or next day).
Thus, enterprises must amend the labor regulations on the number of holidays for employees from 01 day off on National Day, September 2, as currently, to 02 days including the 2nd of September of the Gregorian calendar and the previous or next day.
4. Supplementing cases of fully paid personal leave
According to Clause 1 Article 115 of the Labor Code 2019, an employee is entitled to take a fully paid personal leave for 03 days in case of death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of spouse, biological or adopted child.
Thus, labor regulations must supplement the case of death of his/her adoptive parent; death of his/her spouse’s adoptive parent; death of his/her adopted child, the employee is also entitled to 03 days off with full salary.
5. Supplementing cases of dismissal of employees
According to Clause 2 Article 125 of the Labor Code 2019, an employer may dismiss an employee for disciplinary reasons if he/she 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, or commits sexual harassment in the workplace against the internal labor regulations.
This is a completely new content, accordingly, businesses must add cases where employees will be subject to dismissal when they commit sexual harassment in the workplace.
6. Supplementing the provision on compensation for damage
According to Article 129 of the Labor Code 2019, an employee who causes damage to equipment or otherwise damages the employer’s assets shall have to pay compensation in accordance with labor laws or the employer’s internal labor regulations.
An employee who loses the employer’s equipment or assets, or consumes the materials beyond the set limits shall pay compensation for damage in full or in part at the market price or as stipulated in the internal labor regulations.
Thus, enterprises must add specific content on compensation for damages in their labor regulations before January 01, 2021.
7. Supplementing 03 completely new contents
According to Clause 2 Article 118 of the Labor Code 2019, in addition to the contents of the labor regulations as currently regulated, 03 additional contents required to be included in the labor regulations from January 01, 2021 include:
- Actions against sexual harassment in the workplace;
- Cases in which reassignment of employees are permitted;
- The person having the competence to take disciplinary measures.
Thus, enterprises must incorporate these 03 new contents into its labor regulations immediately.
Le Vy
- Key word:
- Labor Code 2019
- internal labor regulations
