Articles &amp; Publications

Some enterprises often employ individuals to work for them as collaborators, and they also think that collaborators are not their employees. According to Article 13.1...

Labour discipline is one of the main contents that employers must stipulate in their internal labour regulations. According to Article 117 Labour Code 2019, labour disciplinary is regulations on compliance with the timetable, technology and executive management of business and production as set out in the internal labour regulations issued by employers and stipulated by law. An employee committing labour discipline will be subject to the following forms of labour discipline: (i) Reprimand; (ii) Deferral of wage increase not exceeding 6 months; (iii) Demotion; and (iv) Dismissal. The law of labour does not present a template of labour discipline. However, a template of labour discipline is practical demand arising from labour relationships, especially an enterprise with a huge of employees. A template of labour discipline helps the enterprise to save time and strength to prepare work relating to labour discipline. A template of labour discipline must comply with the principles specified in Article 122 of the Labour Code 2019 as follows: i. The employer must demonstrate the employee’s fault; ii. There must be the participation of the employee’s representative organisation at the grassroots level of which the employee being disciplined is a member; iii. The employee must be physically present and has the right to defend himself or herself or to have a lawyer or representative organisation assist him or her in defence. In cases where the employee is less than 15 years of age, his or her legal representative must be present. iv. Any settlement of labour discipline must be recorded in writing; - Imposing more than one disciplinary measure for one violation of labour discipline is strictly prohibited. - When an employee simultaneously commits multiple violations of labour discipline, he or she will only be subject to the highest form of disciplinary measure corresponding to the most serious violation. - Not subject to labour discipline for employees who are in the following period: e) The employee is taking leave on account of illness or convalescence, or any type of leave with the employer’s consent; f) The employee is being held temporarily in custody or detention; g) The employee is awaiting the verification and conclusion of an authorised agency regarding a violation stipulated in Article 125.1 and Article 125.2 of the Labour Code 2019; h) The female employee is pregnant, or the employee is on parental leave or is caring for children less than 12 months old. - No labour disciplinary measure shall be taken against an employee who violates labour discipline while suffering from mental illness or another disease that results in the employee losing self-awareness or the ability to control his or her actions. For more details on a template of labour discipline, please refer to the book “Hard to find templates of Human Resource Relating to Labour Law” by Lawyer Nguyen Huu Phuoc from pages 595 to 721. Above is an overview article about the explanation of labour discipline by Phuoc & Partners. If you are having difficulty finding a lawyer to advise a resolution on labour discipline, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Intellectual Property, Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing Clients with optimal and effective legal service.

TEMPLATES OF LABOUR DISCIPLINE 2023

Labour discipline is one of the main contents that employers must stipulate in their internal labour regulations. According to Article 117 Labour Code 2019, labour...

“Insider trading” of stocks: Set a Sprat to catch a Mackerel

To date, there are rumors saying that the price of securities in the market shall not be controlled by the market rules and the business...

WHAT SHOULD ENTERPRISE DO TO AVOID DISPUTES UPON REDUCTION OF TET BONUS OF THE TIGER YEAR?

After a year of hard working, employees expect to receive a salary and a certain mount of “bonus” from the enterprise in the Tet holiday...

Online Child Sexual Abuse – A Constant Concern

The great development of information technology and online communication in recent years has brought large advantages to society in communicating, sharing and accessing information through...

Proposal for Tightening and Transparency on Real Estate Business, Transfer Activities – “Talk the talk, walk the walk”

2022-03-08

Tax evasion in real estate business and transfer activities (“REBTA”) is one of the main causes leading to the loss of state revenue. Therefore, it...

Proposal for Tightening and Transparency on Real Estate Business, Transfer Activities – “Talk the talk, walk the walk”

2022-03-08

(Lai Thi Dieu Thuy & Phan Huy Quyen – Phuoc & Partners) Tax evasion in real estate business and transfer activities (“REBTA”) is one...

METHODS OF SETTLEMENT OF DISPUTES OVER A SEA-GOING VESSEL

In current, the international trade and transportation of goods by sea have an indispensable role in the economic development of each country. This results in...

CONSULTING ABOUT DISPUTES OVER SEA-GOING SHIP COLLISIONS

The international trade and transportation of goods by sea have an indispensable role in the economic development of each country. However, the fact that A...

ADVICE ABOUT DISPUTES OVER THE TRANSPORT OF CARGOES BY SEA

The transport of cargo by sea is a fast-growing and powerful service in Vietnam. With a favourable geographical position, trade in goods by sea has...

METHOD OF SETTLEMENT OF INTERNATIONAL MARITIME DISPUTES

In the process of carrying out international transportation of goods, the parties cannot avoid the occurrence of disputes. So, when an international maritime dispute occurs,...

CONTENTS & SAMPLE OF THE CONTRACT FOR INTERNATIONAL FREIGHT

International freight is a popular commercial activity today. Individuals and businesses need to pay special attention to the contract for international freight to ensure the...

SETTLEMENT OF PROPERTY OWNERSHIP DISPUTES

2022-03-02

A property and property ownership rights A property and property ownership rights are very important and always get a lot of attention from subjects in...

STEPS IN THE CIVIL LITIGATION PROCESS

2022-03-02

Generally, steps in the civil litigation process start with filing a lawsuit, then the petition is accepted, next a decision to bring the case to trial is...

DISPUTES OF CONTRACTS FOR THE SALE OF GOODS

2022-03-02

Contracts for the sale of goods is an agreement to the establishment, execution, and termination of the rights and obligations between the subjects in the goods sale...

Increasing Overtime Cap – Positive Or Negative

2022-03-01

The Covid-19 pandemic has imposed negative impacts on the production and business situation of Vietnam since the beginning of 2019, in September 2021, the Ministry...

DO WE NEED TO SIGN A LABOUR CONTRACT WHEN WORKING A PART-TIME JOB?

2022-03-01

Nowadays, working part-time (or called part-time working) is becoming a trend and almost is the necessary work in the young people’s life, especially a generation...

ECONOMIC CONTRACT OR COMMERCIAL CONTRACT

In the current circumstances, Economic contract or commercial contract is still the concern of many enterprises and individuals because they do not know whether to name contracts...

PRESTIGIOUS CIVIL LAWYER SERVICE

When does a client ask for prestigious civil lawyer service? Civil relations are personal and property relations of individuals and legal entities formed based on equality,...

CONSULTING CONTRACTUAL DISPUTE SETTLEMENT

We all know that a contract is an agreement between parties to establish, modify or terminate civil rights and obligations, formulated voluntarily. In practice, there...

What Is The Agreement On Representation For Traders? Features Of The Agreement On Representation For Traders

In order to know What is the agreement on representation for traders? Features of the agreement on representation for traders, first of all, people need to know...

MENTAL SUFFERING AND DETERMINATION OF ITS EXTENT OF COMPENSATION

In order to understand mental suffering and determination of its extent of compensation, first of all, it is necessary to find out the concept of mental suffering....

ALL REGULATIONS ON COMPENSATION FOR NON-CONTRACTUAL DAMAGE

What is the compensation for non-contractual damage? In general, the compensation for non-contractual damage is a circumstance in which a physically and mentally aggrieved person requests a person...

compensation for damage inside and outside the contract

Differences Between Contractual Damage Compensation And Non-Contractual Damage Compensation

Liability for damage compensation is one of the civil liabilities of a person who causes damage to others to compensate losses and remedy consequences to...

Advising Services For Disputes Over Compensation For Non-contractual Damage

In life, there are many cases in which damage does not arise from a breach of the contract by the parties, such as a dispute...

Cases Of Exemption From Liability For Compensation For Non-Contractual Damage

The liability for compensation for non-contractual damage falls within the scope of civil law. The liability for compensation for non-contractual damage is a civil liability...

compensation for damage outside the contract

Synthesis Of Resolutions Of Non-Contractual Damage Compensation