Basic principle of labor discipline that businesses need to know

Labor discipline is an essential human resources management tool in a corporate environment. This helps establish a legal framework to maintain order and discipline in the workplace and handle violations. Proper application of work discipline helps protect the rights of workers and businesses and creates a fair working environment. This article will analyze the basic principles of labor discipline that businesses need to master.

The role of labor discipline in business operations

Labor discipline plays a key role in maintaining order and efficiency of business operations. Disciplinary policies help establish rules of conduct and working standards for employees. Applying proper work discipline helps create a professional and fair working environment.

Labor discipline is also an effective human resource management tool, helping to prevent and handle violations. Protect the legal rights of both employees and employers. At the same time, work discipline contributes to improving productivity and work quality.

Developing and enforcing legal labor discipline helps businesses avoid legal risks and labor disputes. It also creates the foundation for building a positive and sustainable corporate culture.

Basic principles in labor discipline of successful businesses

General principles

When handling labor discipline, businesses need to comply with the general principles stipulated in the Labor Code. Specifically:

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.

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

• Sickness and convalescence 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.

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

Legal basis: Article 122 of the Labor Code 2019.

Prohibited acts in disciplinary proceedings

The Labor Code clearly stipulates prohibited acts when handling labor discipline including:

• Violating the health, honor, life, reputation and dignity of workers;
• Fines instead of labor disciplinary action;
• Salary cut instead of labor disciplinary action;
• Handle labor disciplinary actions against employees whose violations are not specified in the internal labor regulations or are not agreed upon in the concluded labor contract or are not regulated by labor laws.

Legal basis: Article 127 of the Labor Code 2019.

Responsibilities of enterprises in implementing labor discipline

Develop and promulgate labor regulations

Enterprises are responsible for developing and promulgating internal labor regulations in accordance with the provisions of law. Labor regulations must specifically stipulate work discipline, including violations and corresponding sanctions. The development of labor regulations requires the participation of employee representative organizations at the grassroots level.

Labor regulations must be registered with the provincial state labor management agency. After being registered, the enterprise must publicly post the rules at the workplace and notify all employees. Periodically, businesses need to review and update labor regulations to ensure compliance with actual operations and changes in the law.

Legal basis: Article 69 of Decree 145/2020/ND-CP, Article 118 of the Labor Code 2019.

Ensure transparency

Enterprises need to ensure transparency in the process of handling labor discipline. This includes clear communication of violations, remedial procedures, and workers’ rights during the process.

All disciplinary decisions must be notified in writing to employees and the employee representative organization at the facility. Enterprises need to clearly explain the reasons and legal basis for the disciplinary decision. Ensuring transparency helps increase employee confidence in the disciplinary process, while minimizing the possibility of labor disputes.

Maintain labor discipline records

Enterprises are responsible for keeping all records related to labor disciplinary handling. This file includes violation records, disciplinary meeting minutes, disciplinary decisions, and other related documents.

Maintaining labor disciplinary records is not only a legal requirement but also helps businesses track the history of violations and disciplinary actions of employees. This assists in evaluating the effectiveness of labor disciplinary policies and making appropriate personnel decisions.

Enterprises need to ensure the confidentiality of labor disciplinary records; only authorized people can access this information.

Legal basis: Clause 1, Article 12 of the Labor Code 2019.

Make periodic reports on labor discipline situation

Enterprises need to periodically report on the situation of labor discipline to state labor management agencies. This report helps authorities grasp the situation of work discipline implementation at enterprises.

The content of the report usually includes the number of disciplinary violations, the form of sanctions applied, and the results of implementing disciplinary decisions. Enterprises also need to clearly state the difficulties and obstacles in the process of implementing work discipline.

Implementing periodic reports is not only a legal obligation but also helps businesses self-assess the effectiveness of labor discipline policies, thereby making appropriate adjustments.

Legal basis: Clause 2, Article 12 of the Labor Code 2019.

Consulting services for developing labor discipline policies at Long Phan

Developing labor discipline policies requires in-depth knowledge of labor law and practical experience. Consulting services for developing labor discipline policies at Long Phan provide professional support for businesses in this field.

Consulting experts will analyze the specifics of the business’s operations, review relevant legal regulations and propose appropriate labor disciplinary policies. Support businesses in developing labor regulations, disciplinary procedures, and related forms.

Consulting services at Long Phan also include management on how to apply work discipline policies effectively and legally. This helps minimize legal risks and labor disputes for businesses. Experts will assist customers in the process of handling complex disciplinary violations. Can participate in the investigation process, collect evidence, and advise on appropriate handling.

Using consulting services to develop work discipline policies helps businesses save time, resources and ensure legal compliance. This contributes to creating a fair, transparent and effective working environment.

Mastering and correctly applying basic principles of labor discipline is an important factor for businesses to build a fair, transparent and effective working environment. If you need in-depth support on this issue, please contact us via hotline 0906735386. Our team of experts will provide comprehensive consulting services, helping customers build and implement Labor discipline policy in accordance with legal regulations and business characteristics.