According to the Labor Code 2012, forms of labor discipline include: Reprimand; Extending the time limit for salary increase not exceeding 6 months, dismissing; fired. In which dismissal is the most severe form of labor discipline and also has complicated procedures. This article will share with employees as well as employers the order and procedures for dismissal in accordance with the law.
Firstly, the dismissal is applied in the following cases:
– Workers commit acts of theft, embezzlement, gambling, intentionally causing injuries, using drugs within the workplace, disclosing business secrets, technological secrets, or infringing intellectual property rights intellect of the employer, committing an act of serious injury or threatening to cause extremely serious damage to the property and interests of the employer;
– An employee who is disciplined by extending the wage increase period but recidivism before the time of disciplinary removal or has been disciplined and dismissed.
Recidivism is a case in which an employee repeats the violation that has been disciplined but has not been disciplined;
– The employee arbitrarily quits his job 05 cumulative days in 01 month or 20 cumulative days in 01 year without good reason.
– Cases considered to be plausible reasons include: natural disasters, fires, themselves, sick relatives, certified by competent medical examination and treatment establishments and other cases specified in labor rules.
Secondly, regarding the order and procedures for dismissing employees
– When an employee is detected to have committed a labor discipline violation at the time of the violation, the employer shall make a written record of the violation and notify the labor collective representative organization at basis; father, mother or the legal representative in case the employee is a person under 18 years of age to conduct a labor discipline meeting.
– Where the employer detects violations against labor discipline after the time when the violation has occurred, there are sufficient grounds to prove the employee’s fault and within the statute of limitations for disciplining, as follows:
– The employer announces the content, time and venue of the labor discipline meeting to the participants, making sure these components receive notice before the meeting takes place and conduct the meeting. disciplining labor when the participation of the notice components.
– 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.
– In case one of the components did not confirm attending the meeting, or stated the reason was not good, or confirmed that he attended but did not come to the meeting, the employer will still handle the labor discipline.
– The meeting for handling of labor discipline must be recorded in writing and approved by the participants before the meeting ends. The minutes must be fully signed by the members attending the meeting. If one of the members attended the meeting but did not sign the minutes, the reason for that must be clearly stated.
– The person concluding the labor contract on the employer side is the person competent to make decisions on labor discipline for the employee.
– Decisions on labor discipline must be issued within the time limits of the labor discipline disciplines or the time limit for extending the labor discipline disciplines. Decisions on labor discipline must be sent to employees, parents, or legal representatives of people under 18 and organizations representing labor collectives at grassroots level.
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