What Are the Order of Disciplining Employee in Vietnam?

What is labour discipline in Vietnam?

Labour discipline is the provisions on compliance matters relating to work time, technology and production and business management in labor regulations.  But how to ensure the employer could apply the right labour discipline?  Many employers only seek consultation from lawyers at labour law firms in Vietnam for guidance when it is too late.

In general, it can be understood simply that when an employee violates the labor regulations, depending on the extent and regulations of the company, he or she will be subject to disciplinary action.

The order of disciplining labor is conducted in accordance with the provisions of labour code in Vietnam. Failing to follow the order of discipline would lead to potential disputes which both employer and employee should consult with dispute lawyers at labour law firms in Vietnam for advice to protect their best interests.

What are order of disciplining employee in Vietnam?

Firstly, the employer must confirm the employee’s violations

In the cases where an employee found committing a violation, the employer shall issue an offence notice, inform the employee representative organization (or the employee’s parent or legal representative if the employee is under 18) in order to hold a disciplinary meeting.

Secondly, issuing notice of the disciplinary meeting

This step is only carried out in case the employer detects violations of labor discipline after the time when the violation has occurred, there are sufficient grounds to prove the fault of the employee and the statute of limitations for disciplining.

The employer sends the notice with the content, time and place of the meeting to handle the labor discipline to the organization representing the labor collective at the grassroots level; workers; In the case of a person under 18 years old, there must be the participation of a parent or legal representative.

The employer must ensure these recipients receive notice before the meeting takes place and conduct a labor discipline meeting with the participation of the notification components.

Thirdly, conducting a disciplinary meeting

It is mandatory to have the minutes of the disciplinary meeting, which have to be approved by the participants before the end of the meeting. The minutes shall bear the participants’ signatures. If any participant that refuses to sign the minutes, there should be explanation.

Fourthly, disciplinary decisions

The person that concludes the employment contract on the employer’s side also has the power to issue the disciplinary decision. The disciplinary decision shall be issued before expiration of the original or extended time limit for penalty imposition specified the labour code.

The disciplinary decision shall be sent to the employee (or his/her parent or legal representative if the employee is under 18) and the employee representative organization.

How lawyers at labour law firms in Vietnam could help?

Lawyers at labour law firms in Vietnam will be able to assist through out the process at an early stage of the potential labour disputes for either employer or employee to protect the justice, and to protect the best interests of parties involved through making sure that all procedures have to follow the regulations of labour code.  When there is a sign of violation, the employment lawyers at labour law firms in Vietnam will help advise and represent to achieve the suitable resolution based on the scenarios arisen.