Labor discipline

1. Labor discipline comprises provisions in the internal labor regulations on the compliance in respect of time, technology, production and business management that are imposed by the employer;

2. Disciplinary measures against an employee shall be taken in accordance with the following principles:
(i) The employer is able to prove the employee's fault;
(ii) The process is participated in by the grassroot-level representative organization of employees to which the employee is a member;
(iii) The employee is physically present and has the right to defend him/herself, request a lawyer or the representative organization of employees to defend him/her; if the employee is under 15 years of age, his/her legal representative must be present;
(iv) The disciplinary process is recorded in writing.
(v) Not imposing more than one disciplinary measure for one violation of internal labor regulations. When an employee simultaneously commits multiple violations of internal labor regulations, he/she shall be subjected to the heaviest disciplinary measure for the most serious violation.
(vi) No disciplinary measure shall be taken against an employee during the period when he/ she is:
- Taking leave on account of illness or convalescence; or on other types of leave with the employer’s consent;
- Being held under temporary custody or detention;
- Pregnant, on maternal leave or raising a child under 12 months of age;
- Suffering from the mental illness or another disease which causes the loss of consciousness ability or the loss of his/her behavior control when he/ she commits a violation of internal labor regulations;
- Waiting for verification and conclusion of the competent agency for acts of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace, disclosure of technological or business secrets or infringement of the intellectual property rights of the employer, acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace as prescribed in Clauses 1 and 2, Article 125 of this Code.
(vii) The time limit for taking disciplinary measures against a violation is 6 months from the date of the occurrence of the violation. The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.
(viii) Disciplinary measures
1. Reprimand.
2. Deferment of pay rise for up to 6 months.
3. Demotion.
4. Dismissal.

Cre: VIETBID LAW CO., LTD
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