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 which is stipulated in labor regulation, detailed guidelines for Article 118 of the Labor Code in 2019, as follows:

– First, the employer must issue the labor regulations:

+ If 10 or more employees are employed, the labor regulations must be in writing;

+ If employing less than 10 employees, it is not required to issue a written labor rule, but must agree on the content of the labor discipline and material responsibility in the labor contract.

The Labor Code 2012, in Clause 1, Article 119 only stipulates: “The employer who employs 10 or more employees must have a written labor regulation.”

– Secondly, to add provisions on the basic contents that a labor regulation must have, specifically:

(1) Working time, rest time;

(2) Order at work;

(3) Occupational safety and sanitation at the workplace;

(4) Preventing and combating sexual harassment at the workplace; the order and procedures for handling sexual harassment at the workplace;

(5) Protection of assets and business secrets, technology secrets, and intellectual property of employers;

(6) In case of temporarily transferring the employee to work other than the labor contract;

(7) Acts of violation of labor discipline of the employee and forms of labor discipline;

(8) Material responsibility

(9) Persons competent to handle labor discipline

Items (4), (6) and (9) are the additional contents that are the basic contents that a labor regulation must have.

– Third, the works before and after the promulgation / amendment of the labor regulations:

+ Before issuing the labor regulations or amending and supplementing the labor regulations, the employer must consult with the representative organization of the employee at the grassroots level, for the workers at the facility. The consultation with the representative organizations of workers at the grassroots level shall comply with the provisions of Clause 1, Article 41 of Decree 145.

+ Labor regulations, after being issued, must be sent to each employee representative organization at the grassroots level (if any) and notified to all employees, and the main contents must be posted in necessary places at work.

+ In addition to detailed guidance in Decree 145, in Clause 4, Article 119 of the Labor Code 2019, there is also a provision related to the registration of the labor regulations, whereby: For branches, units, and production and business establishments located in many different geographical areas, the registered labor regulations shall be sent to the labor-specialized agency of the People’s Committee of the province where branches, units, and production and business establishments is located.

The above are some noteworthy new points related to the labor regulations under the new labor law, guided in Decree 145. Decree 145 takes effect from February 1, 2021.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany with The Esteemed Readers!