How to handle unfounded labor discipline

Labor discipline is an important tool to help maintain order in the working environment, but its application is not always reasonable and correct. When employees are disciplined without clear grounds or treated unfairly, their rights and honor may be harmed. The article below will guide you on how to handle unfounded labor discipline and the legal rights of employees in this case.

Forms of labor discipline

Pursuant to Article 124 of the Labor Code 2019, employers have the right to apply one of four forms of labor discipline to employees who violate internal regulations. These forms of disciplinary action are specifically prescribed as follows:

• Reprimand: This is the lightest form of discipline, applicable to first-time violations or low-level behaviors.
• Extending the salary increase period to no more than 6 months: Applicable to repeated or more serious violations.
• Demotion: This form is for individuals in leadership or management positions who commit violations that affect the work or reputation of the organization.
• Dismissal: Is the most severe form of discipline, applied when employees commit serious violations, such as theft, embezzlement, or violating security and safety regulations at the workplace.

Determining the form of disciplinary action should be based on the nature and severity of the violation, ensuring it does not cause injustice to the employee.

Principles when handling labor discipline

According to Article 122 of the Labor Code 2019, labor disciplinary action must comply with a number of basic principles to ensure fairness and legality in the handling process:

• Proving the employee’s fault: The employer must have the responsibility to prove the specific fault of the violating employee.
• Participation of employee representatives: During the processing process, there must be the participation of the employee representative organization at the facility of which the employee is a member.
• Right to self-defense: Employees have the right to defend themselves or ask a lawyer or representative to participate in the defense.
• Do not be disciplined multiple times for the same violation: A violation can only be handled with a single form of discipline.
• No disciplinary action in special cases: Do not apply disciplinary action to employees who are on maternity leave, are in detention, or are suffering from mental illness and are unable to control their behavior.

This principle ensures that workers have their legal rights protected and avoid unfair treatment in the workplace.

How to handle unfounded labor discipline

When subject to unfounded labor discipline, employees have the right to take a number of measures to protect their rights. Processing steps include:

• Review and collect evidence: Employees need to check documents and evidence of violations given by the employer to determine the reasonableness and legality of the disciplinary decision.
• Complaint to the Executive Committee of the local trade union: If the disciplinary decision is found to be unfounded, the employee can submit a complaint to the union for assistance in resolving it.
• Request resolution in court: In case the complaint fails, the employee has the right to request court resolution to protect his or her legal rights.

These handling steps help employees protect their rights against unfounded disciplinary decisions and ensure transparency in the handling process.

The rights of employees when being disciplined without grounds

Employees who are disciplined without grounds have certain legal rights that ensure protection. Specifically:

• Right to compensation: If disciplined without grounds, the employee has the right to request compensation from the employer for material and mental damages.
• Restoration of benefits and working position: In case the unfounded disciplinary decision is annulled, the employee has the right to restore the previous working position, benefits and benefits.
• Request a public apology: If the unjustified disciplinary action seriously affects the employee’s honor, the employee has the right to request a public apology from the employer.

These rights help workers be legally protected, avoiding infringement of their rights in the workplace.

Consulting on protecting rights when employees are disciplined without grounds at Long Phan

Long Phan provides consulting services to protect the rights of employees when being disciplined without grounds, helping customers clearly understand the process and their rights according to the law.

Long Phan’s services include:

• Consulting on the rights and obligations of employees in case of unfounded discipline;
• Consulting on processes and procedures when appealing disciplinary decisions;
• Consulting on measures to resolve labor disputes;
• Consulting on the right to claim compensation for damages when being disciplined without grounds;
• Consulting on protecting rights in labor contracts;
• Support customers in carrying out necessary procedures to ensure their rights when being disciplined without grounds;
• Consulting on other related issues.

Consulting services at Long Phan help employees understand their rights and take measures to protect against unfounded disciplinary decisions. Customers who need advice and protection of their rights when subject to unfounded labor discipline, please contact Long Phan via the hotline 0906735386. We will support and protect your rights quickly and effectively.