{"id":13511,"date":"2021-02-05T00:04:33","date_gmt":"2021-02-05T00:04:33","guid":{"rendered":"https:\/\/bizlawyer.vn\/modify-the-process-of-labor-discipline"},"modified":"2021-02-05T00:04:33","modified_gmt":"2021-02-05T00:04:33","slug":"modify-the-process-of-labor-discipline","status":"publish","type":"post","link":"https:\/\/bizlawyer.vn\/zh-hans\/modify-the-process-of-labor-discipline","title":{"rendered":"Modify the process of labor discipline"},"content":{"rendered":"

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

One of them is the regulation on the order of handling the labor discipline, specifically as follows:<\/span><\/p>\n

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:<\/span><\/p>\n

(Legal basis: Article 70 + 71 Decree 145\/2020\/ND-CP)<\/span><\/i><\/p>\n

Step 1: Employer make minutes of violation and notify relevant entities:<\/b><\/p>\n

+ Case 1: Detecting at the time of violation: <\/span><\/i>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.<\/span><\/p>\n

+ Case 2: Discovered after the time of violation:<\/span><\/i> The employer does not make a minute of violation, the employer collects evidence proving the employee’s fault.<\/span><\/p>\n

Step 2: Notice of the meeting on labor discipline:<\/b><\/p>\n

+ 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.<\/span><\/p>\n

+ Form of notice: The law does not specify the form of notification, but must ensure that all parties receive the notice before the meeting;<\/span><\/p>\n

+ Content of notice: Content; Time; Place; The person is disciplined labor; The violation is subject to labor discipline.<\/span><\/p>\n

+ Time limit for notification: At least 05 working days before the date of the meeting to handle the labor discipline.<\/span><\/p>\n

Step 3: Check attendance confirmation and conduct a meeting on labor discipline<\/b><\/p>\n

Subjects receiving notice must confirm their ability to attend the meeting:<\/span><\/p>\n

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

+ Case 2: Confirming attendance but absent or not confirming participation, the disciplinary meeting will be held.<\/span><\/p>\n

Step 4: Meeting content<\/b><\/p>\n

+ 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.<\/span><\/p>\n

+ 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.<\/span><\/p>\n

Step 5: Make a disciplinary decision<\/b><\/p>\n

+ 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.<\/span><\/p>\n

+ 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.<\/span><\/p>\n

Above is the process of labor discipline stipulated in Decree 145. Decree 145 days effective from February 1, 2021.<\/span><\/p>\n

Hope the above <\/span>information<\/span> is helpful to The Esteemed Readers.<\/span><\/p>\n

Bizlawyer is pleased to accompany with The Esteemed Readers!<\/i><\/b><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

On December 14, 2020, the Government issued Decree 145\/ […]<\/p>\n","protected":false},"author":3,"featured_media":13507,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-13511","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-16"],"_links":{"self":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/posts\/13511","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/comments?post=13511"}],"version-history":[{"count":0,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/posts\/13511\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/media\/13507"}],"wp:attachment":[{"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/media?parent=13511"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/categories?post=13511"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizlawyer.vn\/zh-hans\/wp-json\/wp\/v2\/tags?post=13511"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}