Complaining about labor disciplinary decisions: Procedure for handling incorrect decisions

Complaining about labor disciplinary decisions is the right of employees when they find that the employer’s disciplinary decision is inappropriate or violates their legal rights. This complaint helps protect workers’ rights and ensures decisions are made in accordance with the law. In this article, Long Phan Consulting Company will provide detailed instructions on procedures for complaining about labor disciplinary decisions in accordance with current regulations.

What is a labor complaint? Cases of complaining about labor disciplinary decisions

Complaining about labor disciplinary decisions is the action of employees requesting competent agencies and organizations to review decisions that they believe violate the law or infringe on their legal rights. Cases of complaining about labor disciplinary decisions include:

• The decision to handle labor discipline is not in accordance with the provisions of the labor law, the collective labor agreement or the internal labor regulations of the enterprise.
• The decision to handle labor discipline does not comply with the order and procedures for handling labor discipline according to the provisions of law.
• The decision to handle labor discipline violates the legal rights of employees, causing direct damage to them.

The basis for a complaint can be violations in the labor disciplinary process, from failure to notify promptly to applying a level of discipline that is inappropriate for the employee’s behavior.

Current complaint procedures for labor disciplinary decisions

For first complaint

When employees do not agree with a labor disciplinary decision, they have the right to make a first complaint. The first-time complaint procedure is set out in Section 4 Chapter II Decree 24/2018/ND-CP. Steps include:

Step 1: File a Complaint

The employee submits the complaint directly or by post to the employer who has issued the disciplinary decision.

Step 2: Accept and resolve complaints

The person resolving the complaint must accept the complaint within 7 working days, send a notice to the complainant and the Chief Inspector of the Department of Home Affairs where the employer is headquartered.

Step 3: Check and verify complaint content

The complaint resolver will examine and verify documents and evidence related to the complaint.

Step 4: Organize a dialogue

If necessary, the complaint resolver organizes a dialogue to clarify the complaint content and determine the solution.

Step 5: Make a decision to resolve the complaint

After processing and dialogue, the complaint handler will make a decision to resolve the complaint for the employee.

For second complaint

According to the provisions of Clause 1, Article 27 of Decree 24/2018/ND-CP, employees have the right to make a second complaint when:

• The employee does not agree with the decision to resolve the first complaint;
• Or if the complaint is not resolved within the prescribed time limit.

The second complaint procedure includes the following steps:

• Step 1: File a second complaint

The employee sends a second complaint to the Chief Inspector of the Department of Labor – Invalids and Social Affairs where the employer’s headquarters is located.

• Step 2: Accept and resolve complaints

The time limit for accepting a second complaint is 7 working days.

• Step 3: Check and verify complaint content

The person resolving the second complaint will check and verify relevant information.

• Step 4: Organize a dialogue

The complaint resolver organizes dialogue between the complainant, the complained against and relevant parties.

• Step 5: Make a decision to resolve the complaint

After inspection and dialogue, the second complaint resolver will issue a decision to resolve the complaint, possibly including the right to sue in court if the employee does not agree.

The time limit for complaining about labor disciplinary decisions

Statute of limitations for complaining about labor disciplinary decisions stipulated in Article 7 of Decree 24/2018/ND-CP. Specifically:

• The statute of limitations for making a first complaint is 180 days, counted from the date the employee receives or learns about the disciplinary decision.
• The statute of limitations for making a second complaint is 30 days from the date of expiration of the time limit for resolving the complaint or from the date of receiving the decision to resolve the first complaint if the complainant disagrees.
• If the employee encounters difficulties such as illness, natural disasters, or other objective reasons, this time will not be counted in the statute of limitations for complaints.

Complaining not within the prescribed time will result in loss of the right to complain. Therefore, employees need to pay attention to the time to complain to protect their legal rights.

Consulting services, instructions on making complaints on labor disciplinary decisions

In Long Phan Consulting Company, we provide professional and dedicated support services for making complaints about labor disciplinary decisions. These services provide help with the following issues:

• Consulting on regulations on rights and obligations when complaining about labor disciplinary decisions.
• Consulting on regulations, order and procedures for making complaints about labor disciplinary decisions.
• Representing customers in the complaint process, from filing until resolution is decided.
• Guide and advise customers on collecting the types of evidence and documents that need to be prepared to support the process of complaining about labor disciplinary decisions.
• Consulting and support in resolving labor disputes in cases where they cannot be resolved through complaints, including support for lawsuits and other legal solutions.

Some FAQ questions about making complaints about labor disciplinary decisions

Below are some questions about complaining about labor disciplinary decisions that customers can refer to:

Do employees have the right to request the employer to provide a copy of the labor disciplinary decision?

Yes, employees have the right to request the employer to provide a copy of the labor disciplinary decision and related documents.

Can an employee withdraw a complaint after it has been filed?

Yes, employees have the right to withdraw their complaint at any time before a decision is made to resolve the complaint.

Do workers have the right to participate in dialogues during the complaint resolution process?

Yes, employees have the right to participate and present opinions in dialogue sessions.

If the complaint is successful, will the employee be compensated for damages?

Depending on each specific case, employees may be compensated for damages if they can prove that the wrong labor disciplinary decision caused damage to them.

Do employees have the right to complain if the labor disciplinary decision is not publicly announced?

Yes, labor disciplinary decisions must be publicly announced to employees.

Can employees appeal labor disciplinary decisions if they think the disciplinary level is too harsh?

Yes, employees have the right to file a complaint if they believe the disciplinary action is not commensurate with the violation.

If the employer does not resolve the first complaint on time, the employee can make another complaint to any agency?

Employees can make a second complaint to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs.

During the complaint process, can the employee continue to work?

This decision depends on the employer’s regulations and the content of the disciplinary decision.

Does an employee have the right to request the employer to provide evidence of his or her violation?

Yes, employees have the right to request a review of the evidence presented by the employer.

If the employee does not agree with the decision to resolve the second complaint, what can they do next?

Employees have the right to sue in court.

Conclude

Complaining about labor disciplinary decisions is a legitimate right of employees when the disciplinary decision is unreasonable or violates their rights. Customers need to comply with complaint procedures and deadlines to effectively protect their rights. If you need further assistance with the complaint procedure, please contact us immediately Long Phan Consulting Company via the hotline 0906735386 for timely advice and support.