Order and procedures for handling labor discipline in enterprises

Handling labor discipline in enterprises plays an important role in building a professional and effective working environment. When the labor disciplinary process is clearly regulated, it will help minimize disputes and at the same time create conditions for sustainable development for businesses. Through the following article, Long Phan will provide customers with detailed information about the order and procedures for handling labor discipline in enterprises. Please refer!

Forms of handling labor discipline in enterprises

According to Article 124 of the Labor Code 2019, labor disciplinary action includes four forms, from mild to severe, including:

• Reprimand: Applicable to minor violations, when employees do not comply with regulations, causing minor impacts. Reprimands can be written or verbal, depending on the rules of each business.
• Extend the salary increase period to no more than 6 months: For more serious violations that affect work processes or results.
• Removal: Applicable when an employee holds a management position, commits a violation more serious than a reprimand, and needs to change position due to negative effects at work.
• Dismissal: Is the most severe form, terminating the labor relationship in cases of serious violations, such as embezzlement, gambling, or use of banned substances…

Principles of handling labor discipline in enterprises

When handling labor discipline, employers need to fully comply with regulations and principles to ensure fairness and transparency. Specifically:

1. Labor disciplinary action must be carried out as follows:

• Prove the employee’s fault.
• There must be the participation of employee representative organizations.
• The employee must be present and has the right to defend himself or ask a lawyer or representative to defend him, especially in the case of people under 15 years old.
• The disciplinary meeting must be made in writing and must be signed by the participating parties.

2. Do not apply multiple disciplinary measures for one violation.

3. If an employee commits multiple violations, only the highest disciplinary action corresponding to the most serious violation shall be applied.

4. Labor disciplinary action is not allowed in the following cases:

• The employee is on sick leave, nursing leave, or on leave with the consent of the employer.
• The worker is being detained or detained.
• The employee is waiting for the results of the investigation from the competent authority regarding the violation.
• Female employees who are pregnant, on maternity leave, or raising children under 12 months old.

5. Do not take disciplinary action against employees who commit violations while suffering from mental illness or another illness that causes them to lose cognitive ability or the ability to control behavior.

CSPL: Article 122 of the Labor Code 2019.

Order and procedures for handling labor discipline in enterprises

Implementation process

Step 1: Notice of meeting invitation

Enterprises send notice to relevant parties at least 05 days in advance, including:

• Time, location and meeting content.
• Full name of person disciplined and violation.
• The notice must be sent to all participants as prescribed in Article 122.

Step 2: Confirm attendance

• The parties required to attend the meeting need to confirm with the employer.
• If one of the participants cannot attend, the two parties can agree on a new time and location.
• If no agreement can be reached, the employer will decide the time and place of the meeting.

Step 3: Conduct meeting

• The disciplinary meeting will take place according to the announced plan.
• In case one of the participants must attend the meeting according to regulations but does not confirm attendance at the meeting or is absent, the employer will still conduct the meeting to handle labor discipline.

Step 4: Make meeting minutes

• The meeting content must be recorded in minutes and approved before ending.
• The minutes must be signed by all attending members.
• If someone does not sign, the person recording the minutes must clearly state their full name and reason for not signing.

Step 5: Decide to handle

Within the prescribed disciplinary time limit, the competent person must issue a disciplinary decision and send it to the participants as prescribed in Article 122.

CSPL: Clause 2, Article 70 of Decree 145/2020/ND-CP.

Processing time limit

The statute of limitations for labor disciplinary action is specifically stipulated in Article 123 of the Labor Code 2019, as follows:

• Statute of limitations for disciplinary action: 6 months from the date of violation, or 12 months for cases related to finance or disclosure of business secrets.
• Time not subject to disciplinary action: Includes time when the employee is off sick, convalescing, on leave with the consent of the business, or in the process of investigating a violation.

Prohibited acts when handling labor discipline in enterprises

According to the provisions of Article 127 of the Labor Code 2019, a number of prohibited acts are prescribed when handling labor discipline to ensure humanity and fairness. Specifically, these include the following actions:

• Violating the health, honor, life, reputation and dignity of workers.
• Applying fines or salary cuts instead of labor disciplinary action.
• Handle labor disciplinary actions for violations that are not clearly stated in the labor regulations, not agreed upon in the signed labor contract, or have no provisions in the labor law.

Consulting services on labor disciplinary procedures in enterprises in Long Phan

Long Phan provides consulting services and detailed instructions on the steps to handle labor discipline in businesses, helping to ensure the process is carried out legally, objectively and protects the legal rights of all parties. Services include:

• Consulting on legal regulations related to labor discipline handling according to the Labor Code.
• Support businesses in developing and updating labor regulations in accordance with legal regulations.
• Consulting and guiding businesses on the process and order of implementing steps to handle labor discipline.
• Support businesses in preparing necessary documents.
• Consulting on solutions to resolve disputes arising from handling labor discipline in enterprises.
• Support businesses in handling employee complaints related to disciplinary processes.

The order and procedures for handling labor discipline in an enterprise are an important part of the enterprise’s human resource management. Proper implementation of regulations not only protects the rights of workers but also ensures fairness and transparency in the working environment. If you need specific support or advice on labor disciplinary processes and procedures at your enterprise, please contact Long Phan via the hotline: 0906735386.