Question: Please ask, according to the law, in what cases are companies not allowed to discipline employees?

Reply:

Cases where employees are not disciplined

Cases in which disciplinary action against employees is not allowed include:

(1) Employees on sick leave or convalescence; Leave work with the consent of the employer;

(2) Workers who are being detained or detained;

(3) The employee is waiting for the results of the competent authority to investigate, verify and conclude the following violations:

- Theft, embezzlement, gambling, intentional injury, and drug use at work;

- Acts of disclosing business secrets, technological secrets, infringing on intellectual property rights of the employer, or acts of causing serious damage or threatening to cause particularly serious damage to property , employer benefits or sexual harassment in the workplace are regulated in labor regulations;

(4) Pregnant female workers; Employees taking maternity leave or raising children under 12 months old.

(5) The employee violates labor discipline while suffering from a mental illness or another illness that causes him or her to lose the ability to perceive or control his or her behavior.

(6) Workers and strike leaders;

(7) The statute of limitations for disciplinary action has expired.

(Clause 4 and 5, Article 122, Article 123, Clause 4, Article 208, Labor Code 2019)

Note: When the time limit specified in (1), (2), (3) and (4) expires, if the statute of limitations expires or the statute of limitations remains but not enough 60 days, the statute of limitations can be extended for disciplinary action. labor but not more than 60 days from the date of expiration of the above mentioned period.

Disciplinary procedures for employees

(1) When an employee is discovered to have violated labor discipline at the time the violation occurred, the employer shall make a record of the violation and notify the employee representative organization. working at an establishment where the employee is a member, the legal representative of the employee is under 15 years old. In case the employer discovers a violation of labor discipline after the violation has occurred, it will collect evidence to prove the employee's fault.

(2) During the statute of limitations for handling labor discipline, the employer shall conduct a meeting to handle labor discipline as follows:

(i) At least 05 working days before the date of the labor disciplinary handling meeting, the employer shall notify the content, time, location of the labor disciplinary handling meeting, and full name. Persons subject to labor discipline, violations subject to labor discipline to the parties must attend meetings specified in Point b, Point c, Clause 1, Article 122, Labor Code 2019, ensuring ensure these constituents receive notice before the meeting takes place;

(ii) Upon receiving notice from the employer, the parties required to attend the meeting specified in Point b, Point c, Clause 1, Article 122, Labor Code 2019 must confirm their attendance at the meeting with the employer. employer. In case one of the parties required to attend cannot attend the meeting at the announced time and location, the employee and the employer shall agree to change the meeting time and location; In case the two parties cannot agree, the employer decides the time and place of the meeting;

(iii) The employer conducts a labor disciplinary meeting according to the time and location announced as prescribed in (i), (ii). In case one of the participants required to attend the meeting specified in Point b, Point c, Clause 1, Article 122, Labor Code 2019 does not confirm attendance at the meeting or is absent, the employer will still proceed. meeting to handle labor discipline.

(3) The content of the labor disciplinary meeting must be recorded in minutes, approved before the end of the meeting and signed by the meeting attendees specified in Point b, Point c, Clause 1, Article 122, Labor Code 2019, in case someone does not sign the record, the person recording the record must clearly state their full name and reason for not signing (if any) in the content of the record.

(4) During the statute of limitations for handling labor discipline, the person with authority to handle labor discipline shall issue a decision on handling labor discipline and send it to the parties required to attend as prescribed in Points b and c. Clause 1, Article 122 of the 2019 Labor Code. (Article 70, Decree No. 145/2020/ND-CP).