I. Principles of labor discipline

  • Required to prove the fault of the employee;
  • With the participation of trade unions;
  • The employee must be present and have the right to defend himself, may request for lawyer or others in advocating;
  • The labor discipline must be recorded in writing.
  • Do not apply many forms of labor discipline for a violation of labor discipline.
  • When an employee has many violations of labor discipline at the same time only the highest form of discipline corresponding to the most severe violation shall be applied. 
  • Do not apply labor discipline to employees in the following case: sickness leave or nursing; leave upon the consent of the employer; Custody or detention; Pending the result of the competent authorities for investigation and verification, and concluded on violations such as theft, embezzlement, gambling, intentionally causing injury, drug use within the workplace; If they are pregnant, on maternity leave; Employees are the father, mother or adoptive father, adoptive mother and nursing legitimate under 12 months old. When the time of raising children under 12 months old expires, the statute of limitations has expired, the disciplinary action shall be extended but not exceed 60 days from the date of expiry of the time under the care of young children 12 months of age.
  • Do not apply labor discipline to employees while suffering from mental or other illnesses which have lost the ability to perceive or control their acts.
  • These regulations are prohibited in the labor discipline: Violate the body and dignity of the employee; Use the form of a fine, cutting wages in labor discipline; Labor discipline for violations of employees have not been provided for in labor regulations.

II. The statute of labor discipline:

A maximum of 6 months from the date of the violation. Where violations are directly related to the financial, property and technology reveal secrets, business secrets of the employer, the statute labor discipline is maximum of 12 months.

3. Order of labor discipline:

- Step 1. Employer sends an invitation to attend the meeting to discipline workers for the labor union executive committee, the employee at least 5 working days prior to the meeting.

- Step 2. The meeting of labor discipline is conducted in the presence of the full of participants to be informed as prescribed above. In case the employer has notified three times in writing that one of the participants is not present, the employer conducts a meeting of labor discipline. The meeting of labor discipline must be made in writing and concluded by the participants before the end of the meeting. The record must be fully signed by the participants of the meeting and the record maker. Where one of the participants has attended the meeting without signing the minutes, such person must specify the reason.

- Step 3. The Decision of labor discipline must be issued during the term of the statute of labor discipline or the deadline extended statute of labor discipline and must be sent to the participants involved to the meeting of labor discipline. 

Please contact us, LVT Lawyers, Lawyers on consulting to foreign employees in Vietnam.

LVT Lawyers with a team of lawyers with many years of experience in consulting to foreign employees in Vietnam. Along with the enthusiasm and dedicated work, we assure the customer to always put the interests of the client on the top to fit the motto "Our services, your success". LVT Lawyers provides consulting services for foreign employees in Vietnam as follows:

  1. Consulting on regulations for foreign employees in Vietnam;

  2. Consulting on the order and procedures for recruitment;

  3. Consulting  on regulations to pay salaries, bonuses, insurance in the enterprise;

  4. Construction setting up the wage scale and payroll for businesses; form, process payroll, compensation for employees, personal income tax for workers;

  5. Consulting on female workers, maternity insurance for women employees;

  6. Consulting on entering the labor contracts, termination of labor contracts;

  7. Consulting on material liability, labor discipline, hours of work and rest, the problems related to health conditions, working conditions, safety and occupational health;

  8. Consulting on the conditions and procedures to discipline employees, assess the legality of decisions of labor discipline;

  9. Consulting procedures in settlement of allowances, insurance to employees upon termination of the labor relations;

  10. Consulting on the conditions and procedures for the recruitment and use of foreign labor; Drafting dossier for work permits for foreigners working in Vietnam; implementing procedures to apply for a work permit abroad;

  11. Consulting on issues immigration, registration of temporary residence, wages, personal income tax for foreign employees in Vietnam.

  12. Consulting on how to deal with labor disputes, procedures for settling labor disputes.