What are the cases of airline employees being suspended in Vietnam?

What are the cases of airline employees being suspended in Vietnam? (Internet image)

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

1. What are the cases of airline employees being suspended in Vietnam?

- The employer or authorized person, according to the provisions of the law, has the authority to handle specific labor discipline for aviation employees who violate specific labor discipline.

- Aviation employees are immediately suspended from work in the following cases:

+ Violating labor regulations and rules, causing incidents and accidents, and threatening aviation safety and security;

+ Being investigated and prosecuted in criminal cases;

+ Voluntarily quit your job position;

+ Drinking alcohol or beer during working hours or having alcohol concentration in your blood or breath while performing duties;

+ Theft and illegal appropriation of property by organizations and individuals;

+ Taking advantage of a working position to smuggle and illegally transport people, property, and goods;

+ Using or testing positive for drugs or stimulants that are not allowed to be used otherwise according to regulations;

+ Gambling, causing trouble, disrupting security, and disrupting order in the workplace.

- The immediate suspension is carried out orally by the employer or authorized person at the time of discovery of the violation.

Within 48 hours of the verbal suspension, the employer or authorized person must issue a temporary suspension decision, clearly defining the temporary suspension period. The temporary suspension period is prescribed in Clause 2 of Article 128 of the Labor Code and is calculated from the time of verbal implementation.

(Article 5 of Circular 23/2023/TT-BGTVT)

2. Responsibilities of employers when implementing specific labor discipline with aviation employees in Vietnam

- Implement specific labor regimes and labor discipline for aviation employees according to regulations in Circular 23/2023/TT-BGTVT.

- Report to the Civil Aviation Authority of Vietnam in writing or electronically when an airline employee violates specific labor discipline; at the same time, notify the Airport Authority in case the violation occurs at the airport or aerodrome under the management of the Airport Authority.

- Summarize and report to the Civil Aviation Authority of Vietnam on the implementation of labor regimes and specific labor discipline for aviation employees; detailed reports are as follows:

+ Report name: Report on the implementation of labor regimes and specific labor discipline for aviation employees;

+ Report request content: implementation of the labor regime and specific labor discipline for aviation employees;

+ Method of sending and receiving reports: reports are presented in the form of paper documents or electronic documents; sent directly or through the postal system, electronically, or in other forms to the Civil Aviation Authority of Vietnam;

+ Reporting frequency: 02 times/1 year;

+ Report submission deadline: for periodic reports of the first 6 months of the year before June 20 of the reporting period; for annual periodic reports before December 20 of the reporting period. The report for the last 6 months of the year is replaced by the annual report;

+ Closing time for reporting data: for periodic reports of the first 6 months of the year, it is calculated from December 15 of the year before the reporting period to June 14 of the reporting period. For annual periodic reports, from December 15 of the year preceding the reporting period to December 14 of the reporting period;

+ Outline form and reporting data form: specified in the Appendix issued with Circular 23/2023/TT-BGTVT.

(Article 7 of Circular 23/2023/TT-BGTVT)

Circular 23/2023/TT-BGTVT takes effect on September 1, 2023.

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