Regulations on work suspension under the Labor Code in Vietnam

Regulations on work suspension under the Labor Code in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on work suspension under the Labor Code in Vietnam

Regulations on work suspension according to Article 128 of the Labor Code 2019 are as follows:

- An employer has the right to suspend an employee from work if the violation is of a complicated nature and where the continued presence of the employee at the workplace is deemed to cause difficulties for the investigation. An employee shall only be suspended from work after consultation with the representative organization of employees to which the employee is a member.

- The work suspension shall not exceed 15 days, or 90 days in special circumstances. During the suspension, the employee shall receive an advance of 50% of his/her salary entitled prior to the suspension.

Upon the expiry of the work suspension period, the employer shall reinstate the employee.

- Where the employee is disciplined, he/she shall not be required to return the advanced salary.

- Where the employee is not disciplined, the employer shall pay the full salary for the work suspension period.

2. Principles and procedures for taking disciplinary measures at work in Vietnam

Principles and procedures for taking disciplinary measures at work according to Article 122 of the Labor Code 2019 are as follows:

- 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 the 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.

3. Time limit for taking disciplinary measures at work in Vietnam

Time limit for taking disciplinary measures at work according to Article 123 of the Labor Code 2019 is as follows:

- 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 the Labor Code 2019 expires, the former may be extended for up to 60 more days.

- The employer shall issue a disciplinary decision within the period specified in Clause 1 and Clause 2 of Article 123 of the Labor Code 2019.

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