On December 14, 2020, the Government issued Decree 145/2020 / ND-CP guiding the Labor Code on working conditions and labor relations (“Decree 145“). In which, there are many new regulations that Employees and Employers need to consider.

One of them is the regulation on the order of handling the labor discipline, specifically as follows:

Decree 145 was born with some different adjustment contents compared to the provisions in Clause 12, Article 1 of Decree 148/2018/ND-CP on the process of handling labor discipline, specifically, the process of labor discipline will be conducted according to a 5-step process as follows:

(Legal basis: Article 70 + 71 Decree 145/2020/ND-CP)

Step 1: Employer make minutes of violation and notify relevant entities:

+ Case 1: Detecting at the time of violation: The employer makes a minute of violation => Notifies the grassroots trade union that the employee is a member; The employee’s legal representative is under 15 years old.

+ Case 2: Discovered after the time of violation: The employer does not make a minute of violation, the employer collects evidence proving the employee’s fault.

Step 2: Notice of the meeting on labor discipline:

+ Subject must receive the notice: Employee; The employee representative organization at the grassroots level where the employee is being disciplined is a member; Lawyers or advocacy representative organizations; For persons under 15 years old, there must be the participation of the legal representative.

+ Form of notice: The law does not specify the form of notification, but must ensure that all parties receive the notice before the meeting;

+ Content of notice: Content; Time; Place; The person is disciplined labor; The violation is subject to labor discipline.

+ Time limit for notification: At least 05 working days before the date of the meeting to handle the labor discipline.

Step 3: Check attendance confirmation and conduct a meeting on labor discipline

Subjects receiving notice must confirm their ability to attend the meeting:

+ Case 1: Unable to attend according to the notice => Negotiable with the employer, if the parties can not reach an agreement, the employer decides.

+ Case 2: Confirming attendance but absent or not confirming participation, the disciplinary meeting will be held.

Step 4: Meeting content

+ The content of the meeting to handle the labor discipline must be made in minutes, approved before the end of the meeting and signed by the meeting participant.

+ In case someone does not sign the record, the person making the record shall clearly state full name and reason for not signing (if any) in the content of the record.

Step 5: Make a disciplinary decision

+ Time limit for promulgation: The decision to handle the labor discipline must be issued within the period of the statute of limitations for handling the labor discipline.

+ Sending disciplinary decisions: The decisions on labor discipline must be sent to: Employees; The employee representative organization at the grassroots level where the employee is being disciplined is a member; Lawyers or advocacy representative organizations; For persons under 15 years old, there must be the participation of the legal representative.

Above is the process of labor discipline stipulated in Decree 145. Decree 145 days effective from February 1, 2021.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany with The Esteemed Readers!