Standard labor disciplinary procedures legal regulations

The labor disciplinary handling process is the process that employers apply to employees who violate labor discipline. Complying with the labor disciplinary process according to the law ensures legality and protects the rights of both parties. This article will provide customers with the standard labor disciplinary handling process and important notes when conducting labor disciplinary handling.

Principles of labor discipline

Principles of labor discipline are the foundation to ensure legality and fairness in the processing process. These principles are clearly stipulated in Article 122 of the Labor Code 2019, specifically as follows:

1. Labor discipline handling is regulated as follows:

• The employer must prove the employee’s fault;
• There must be the participation of the employee representative organization at the facility of which the employee being disciplined is a member;
• Employees must be present and have the right to defend themselves, ask a lawyer or an organization representing employees to defend them; In case of a person under 15 years old, there must be the participation of a legal representative;
• Labor disciplinary action must be recorded in minutes.

2. Do not apply multiple forms of labor discipline for a violation of labor discipline.
3. When an employee simultaneously commits multiple violations of labor discipline, only the highest form of discipline corresponding to the most serious violation will be applied.
4. Labor disciplinary action shall not be taken against employees during the following periods:

• Sickness and convalescent leave; Leave work with the consent of the employer;
• Being detained or detained;
• Waiting for the results of the competent authority to investigate, verify and conclude the violations specified in Clauses 1 and 2, Article 125 of this Code;
• Pregnant female workers; Employees taking maternity leave or raising children under 12 months old.

5. Do not take labor disciplinary action against employees who violate labor discipline while suffering from mental illness or another illness that causes them to lose their cognitive ability or ability to control their behavior.

Forms of labor discipline

Pursuant to Article 124 of the Labor Code 2019, forms of labor discipline include:

• Reprimand.
• Extend the salary increase period to no more than 6 months.
• Dismiss.
• Dismissal.

The choice of disciplinary form must be appropriate to the level of violation and clearly specified in the enterprise’s labor regulations.

>>> See more: Notes for Businesses When Handling Labor Discipline.

Standard labor disciplinary handling procedures

Pursuant to Article 70 of Decree 145/2020/ND-CP, the standard labor disciplinary handling process includes the following steps:

Step 1: Identify the violation

When discovering that an employee has violated labor discipline, the employer shall make a record of the violation and notify the employee representative organization at the facility of which the employee is a member, and the legal representative of the employee under 15 years old.

In case the employer discovers a violation of labor discipline after the violation has occurred, it will collect evidence to prove the employee’s fault.

Step 2: Notice of meeting to handle labor discipline:

At least 05 working days before the date of the labor disciplinary handling meeting, the employer shall notify the content, time, location of the labor disciplinary handling meeting, the full name of the person subject to labor disciplinary handling, and the violation subject to labor disciplinary handling to the parties who must attend the meeting.

Upon receiving the notice, the participants must attend the meeting to confirm their attendance at the meeting with the employer.

In case one of the parties required to attend cannot attend the meeting at the announced time and location, the employee and the employer shall agree to change the meeting time and location; In case the two parties cannot agree, the employer decides the time and place of the meeting.

Step 3: Conduct a disciplinary meeting

The employer conducts a meeting to handle labor discipline at the announced time and location.

In case one of the participants who must attend the meeting does not confirm his or her attendance at the meeting or is absent, the employer will still conduct the meeting to handle labor discipline.

The content of the meeting to handle labor discipline must be recorded in minutes, approved before the end of the meeting and signed by the person attending the meeting. In case someone does not sign the minutes, the person taking the minutes must clearly state their full name and reason for not signing (if any) in the content of the minutes.

Step 4: Issue a decision to handle labor discipline and send the disciplinary decision

During the statute of limitations for handling labor discipline, the person with authority to handle labor discipline shall issue a decision on handling labor discipline and send it to the components that must attend the meeting.

Notes when handling labor discipline

When handling labor discipline, it is necessary to pay attention to the following issues to ensure a legal disciplinary process:

• Labor regulations need to clearly stipulate violations and disciplinary measures.
• Sufficient evidence needs to be collected to prove the employee’s violation.
• Ensure full participation of all components according to regulations.
• Disciplinary decisions must be issued within the prescribed statute of limitations.
• It is necessary to carefully consider mitigating and aggravating circumstances when deciding on disciplinary action.
• Employers should keep documents carefully for later use when necessary.

>>> See more: Statute of limitations for labor disciplinary action: Businesses need to pay attention

Consulting services and guidance on handling labor discipline in accordance with regulations at Long Phan Consulting Company

At Long Phan Consulting Company, we provide consulting services and guidance on professional labor discipline handling, ensuring compliance with legal regulations. Our Services include:

• Consulting on principles of labor discipline;
• Consulting on labor discipline statutes;
• Consulting on forms of labor discipline;
• Instructions for collecting objective and authentic evidence;
• Review and re-evaluate the company’s disciplinary process;
• Consulting and guiding labor disciplinary procedures;
• Consulting on issues related to compensation for disciplinary violations;
• Consulting on resolving labor discipline disputes;
• Consulting and answering other related issues.

>>> See more: How to Build an Effective Labor Discipline Policy.

Frequently asked questions about the labor disciplinary process

Customers can refer to common requests regarding disciplinary procedures below:

How long is the statute of limitations for labor disciplinary action?

The maximum statute of limitations for labor disciplinary action is 6 months from the date of the violation; In case the violation is directly related to finances, property, disclosure of technological secrets, business secrets of the employer, the maximum statute of limitations for labor disciplinary action is 12 months.

If a violation is discovered after a period of time, what should the employer do?

Employers need to collect evidence to prove the employee’s fault. This collection process must be done objectively, honestly and in compliance with the law.

What rights do employees have during the disciplinary process?

Employees have the right to defend themselves and ask a lawyer or a representative of a labor organization to defend them. In addition, employees have the right to be provided with full information regarding violations and disciplinary decisions.

Can employees appeal disciplinary decisions?

Yes, employees have the right to appeal a disciplinary decision if they believe that the decision is not in accordance with the law or inconsistent with the company’s labor regulations.

What are the legal consequences if the company takes disciplinary action against regulations?

Improper disciplinary action can result in the disciplinary decision being invalidated, the employer may be subject to administrative sanctions or have to pay compensation to the employee.

What records do employers need to keep after disciplinary action?

Employers need to keep disciplinary decisions, meeting minutes, documents proving violations, and other relevant documents.

Are employers allowed to fine employees for disciplinary violations?

No. Employers do not have the right to fine employees as a form of labor discipline.

Conclude

The labor disciplinary process needs to strictly comply with legal regulations to ensure legality and fairness. If you encounter any difficulties in the process of handling labor discipline, please contact Long Phan immediately via the hotline: 0906735386 for timely advice and support.