In order to properly handle labor discipline, employers need to understand the legal provisions on the disciplinary process, principles and prescription for proper handling. The following article Hung Phuc Law sent readers the legal provisions on the order, procedures and principles of labor discipline.
Principles of handling and signing labor law
Firstly, the employer must prove his fault;
Secondly, when disciplining labor, there must be the participation of the representative organization of the labor collective at the grassroots level;
Third, workers must be present and have a right to defend themselves, be advised by a lawyer or another person; in the case of a person under 18 years old, there must be the participation of a parent or legal representative;
Fourth, the discipline of labor discipline must be recorded in writing.
Fifthly, not applying many forms of labor discipline for a labor discipline violation.
Sixth, when an employee concurrently commits many violations of labor discipline, only the highest disciplinary measure corresponding to the most serious violation will be applied.
Seventh, labor discipline may not be imposed on employees who are in the following time:
– Sick, convalescence leave; resignation with the consent of the employer;
– Being held in custody or temporary detention;
– Awaiting the results of the competent authority to investigate and verify and conclude with respect to violations of disciplinary action;
– Pregnant female employees, maternity leave; employees raising children under 12 months of age.
Eighth, do not impose labor discipline on employees who violate labor discipline while suffering from mental illness or another disease that makes them incapacitated or control their behavior.
Procedures for handling labor discipline
Disciplinary records include:
(i) Employer’s statement (submitted within 5 working days from the date the employer requests);
(ii) Relevant documents such as minutes of the incident, denunciations, invoices and other documents (if any);
(iii) Additional documents in case of detention or temporary detention of documents issued by a competent authority; written conclusions of competent agencies upon the expiry of the time limit for temporary detention, custody or litigants absent the written notice; quit for a good reason (papers that are considered good cause).
Order of labor discipline
Step 1: The employer sends a written notice of attending the labor discipline meeting to the grassroots trade union executive committee or the upper-level trade union executive committee at the place where the union has not been established. establishments, employees, parents, or legal representatives of workers under 18 years of age at least 5 working days before the meeting.
Step 2: Upon receiving notice from the employer, within a maximum of 03 working days from the date of receiving the notice, participants must confirm their attendance at the meeting. In case of non-attendance, the employer must notify the employer clearly stating the reason therefor.
If one of the participants did not confirm his / her attendance at the meeting, or stated that he / she did not attend the meeting, or he / she confirmed that he / she did not attend the meeting, the employer will still handle the labor discipline. .
In case the employer has sent a written notice 3 times and one of the participants is not present, the employer shall conduct a labor disciplinary meeting, except for the case of the employee. are currently not subject to disciplinary action according to law.
Step 3: hold a labor discipline meeting.
Prescription for labor discipline
The statute of limitations for handling a labor discipline is 6 months at most, counting from the date the violation occurs; In cases where violations are directly related to finance, assets, disclosure of technological and business secrets of employers, the statute of limitations for handling a labor discipline is 12 months.
When the time for sick leave, convalescence, temporary detention, temporary detention, etc. expires, according to the provisions of Points a, b and c, Clause 4, Article 123 of the Labor Code, if the statute of limitations remains to be disciplined, The employer shall immediately handle the labor discipline immediately. If the statute of limitations expires, the limitation period for extension of labor discipline may be extended but not exceeding 60 days.
Upon the expiry of the maternity leave period or raising children under 12 months of age (specified at Point d, Clause 4, Article 123 of the Labor Code), but the statute of limitations for handling of labor discipline has been extended, the statute of limitations for handling discipline will be extended. labor law but no more than 60 days.
Clause 1, Article 124 of the 2012 Labor Code)
Points a, b and c, Clause 4, Article 123 of the Labor Code