What primary contents of labor regulations in Vietnam? - Quang Khai (Ha Nam)
Pursuant to Clause 2, Article 118 of the Labor Code 2019, primary contents of labor regulations include:
(1) Specific working hours, rest periods in 01 day, 01 week; work shifts; beginning and ending time of shifts; overtime work (if any); special cases of overtime work; extra rest breaks; breaks between shifts; weekly days off; annual leave, personal leave, unpaid leave;
(2) Workplace order; work area, movement during working hours; code of conduct; dress code; compliance to job assignment by the employer;
(3) Occupational hygiene and safety in the workplace: responsibility to comply with rules and regulations, procedures and measures for assurance of occupational hygiene, occupational safety and fire safety; use and preservation of personal safety equipment and other equipment serving assurance of occupational hygiene and safety at the work place; cleaning, decontamination and disinfection at the workplace;
(4) The employer’s regulations on preventing and combating sexual harassment in the workplace; procedures for taking actions against sexual harassment in the workplace as prescribed in Article 85 of Decree 145/2020/NĐ-CP;
(5) Protection of the employer’s assets, business secrets, technological secrets and intellectual property: A list of assets, documents, technological secrets, business secrets, intellectual property; responsibility, measures for protection thereof; definition of infringements upon these assets and secrets;
(6) Specific cases in which employees may be temporarily reassigned against their employment contracts according to Clause 1 Article 29 of the Labor Code 2019;
(7) Specific employees’ violations and corresponding disciplinary actions;
(8) Material responsibility: Cases in which the employee has to pay compensation for causing damage to or losing tools, instruments or assets; exceeding material consumption limits; compensation levels in proportion to the damage caused; persons having the power to claim compensation;
(9) Persons having the power to take disciplinary actions: persons having the power to conclude employment contracts on behalf of the employer as prescribed in Clause 3 Article 18 of the Labor Code 2019 or specific persons specified in the internal labor regulations.
What primary contents of labor regulations in Vietnam? (Internet image)
- Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations.
- The labor regulations must not contradict labor laws and relevant laws.
- Before issuing or revising the internal labor regulations, the employer shall consult with the internal employee representative organization (if any)
- The issued labor regulations shall be sent to every internal employee representative organization (if any) and all employees.
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