My sister was notified of her being subjected to disciplinary measures at work. Thus, what should be noted regarding disciplinary measures at work? -Minh Anh (Kien Giang, Vietnam)
Article table of contents
Vietnam: Disciplinary measures at work and 6 things you need to know (Source: Internet)
1. Principles and procedures for taking disciplinary measures at work in Vietnam
- Disciplinary measures against an employee shall be taken in accordance with the following regulations:
+ The employer is able to prove the employee’s fault;
+ The process is participated in by the representative organization of employees to which the employee is a member;
+ The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her parent or a legal representative must be present;
+ The disciplinary process is recorded in writing.
- It is prohibited to impose more than one disciplinary measure for one violation of internal labor regulations.
- Where an employee commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.
- No disciplinary measure shall be taken against an employee during the period when:
+ The employee is taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
+ The employee is being held under temporary custody or detention;
+ The employee is waiting for verification and conclusion of the competent agency for acts of violations, stipulated in Clause 1 and Clause 2 Article 125 of Labor Code 2019;
+ The employee is pregnant, on maternal leave or raising a child under 12 months of age.
- No disciplinary measure shall be taken against an employee who commits a violation of internal labor regulations while suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control.
(Article 122 of Labor Code 2019)
2. Time limit for taking disciplinary measures at work in Vietnam
- The time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation.
The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.
- In case the time limit stipulated in this Article has expired or is shorter than 60 days when the period stipulated in Clause 4 Article 122 of Labor Code 2019 expires, the former may be extended for up to 60 more days.
- The employer must issue a decision on disciplinary action within the above time limit
(Article 123 of the Labor Code 2019)
3. Disciplinary measures
- Reprimand.
- Deferment of pay rise for up to 6 months.
- Demotion.
- Dismissal.
(Article 124 of Labor Code 2019)
4. Dismissal for disciplinary reasons
An employer may dismiss an employee for disciplinary reasons in the following circumstances:
- The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;
- 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, or commits sexual harassment in the workplace against the internal labor regulations;
- 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 Labor Code 2019.
- 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. Absolution of violations, reduction in the duration of disciplinary measures in Vietnam
- An employee who commits a violation that is disciplined by reprimand, deferment of pay rise or demotion will have the previous violation absolved after 03 months, 06 months or 03 years respectively from the day on which the disciplinary measure is imposed if he/she does not commits any violation against internal labor regulations.
- Where an employee who is disciplined by deferment of wage increase has completed half of the duration of the disciplinary measure and has demonstrated improvement, the employer may consider a remission.
(Article 126 of Labor Code 2019)
6. Forbidden actions when imposing disciplinary measures in the workplace in Vietnam
- 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.
(Article 127 of Labor Code 2019)
Ngoc Nhi
- Key word:
- Disciplinary measures at work in Vietnam
