Chương VIII Luật Lao động 1994: Kỷ luật lao động, trách nhiệm vật chất

Chapter VIII

LABOR DISCIPLINE, MATERIAL LIABILITY

Article 82.-

1- Labor discipline is the set of norms regarding the time, technology and management of production and business. It is stipulated in the labor regulation.

The labor regulation must not contravene the labor legislation and other legislation. A business employing ten or more employees must have a written labor regulation.

2- Before publishing the labor regulation, the employer must consult the Executive Committee of the local Trade Union at the business.

3- The employer must register the labor regulation with the provincial labor office. The labor regulation shall take effect from the day of registration. Within ten days of receiving the labor regulation, the labor provincial labor office must issue a notice of registration. If no notification is received after this period, the labor regulation shall automatically take effect.

Article 83.-

1- A labor regulation must comprise the following essential points:

a/ The work and break times;

b/ Discipline in the business;

c/ Labor safety and labor sanitation at the work place;

d/ Protection of property and technology and trade secrets of the business;

e/ Acts which violate labor discipline, disciplinary measures and material liability.

2- The labor regulation must be notified to each employee and its main points must be posted up at the necessary places in the business.

Article 84.-

1- An employee who violates the labor discipline shall, depending on the seriousness of his/her fault, be subjected to one of the following disciplinary measures:

a/ Reprimand;

b/ Transfer to another job with a lower pay for a maximum of six months; or

c/ Dismissal.

2- It is forbidden to apply many disciplinary measures at the same time against an act of violation of the labor discipline.

Article 85.-

1- Dismissal, as a disciplinary measure, can be applied only in the following circumstances:

a/ The employee has committed an act of theft, embezzlement or disclosure of trade and technological secrets or another act which causes serious damage to property and other interests of the business.

b/ The employee, who has been disciplined and transferred to another job, commits a new offense while the term of the earlier disciplinary measure is still in effect.

c/ The employee is absent without authorization and without a plausible reason from work for seven days in a month or 20 days in a year.

2- After dismissing an employee, the employer must report the dismissal to the provincial labor office.

Article 86.- The time limit for handling a violation of the labor discipline is three months from the date of the violation and must not exceed six months even in special cases.

Article 87.-

1- When selecting on the disciplinary measure against the violator of the labor discipline, the employer must prove the offense of the employee.

2- The employee has the right to defend him/herself or ask for a defense by a solicitor, a people's defender or any other person.

3- When examining an alleged labor discipline violation, three must be the presence of the concerned employee and the participation of the representative of the Executive Committee of the local Trade Union at the business.

4- The proceedings of a disciplinary case regarding a violation of the labor discipline must be preserved in writing.

Article 88.-

1- A violator of the labor discipline shall be automatically reinstated, if he/she does not commit another violation within three months from the date of the previous reprimand and within six months from the date of the previous transfer to another job.

2- An employee who is disciplined by transfer to another job shall be considered for reduced sanction after having served half the term of the sanction and showing progress in mending his/her ways.

Article 89.- The employee who damages instruments or equipment or who otherwise causes damage to property of the business, must pay compensation as prescribed by law for that. If the damage is not serious and is due to inadvertence, the maximum compensation shall not exceed three months of his/her salary and shall be gradually subtracted from his/her salary, as stipulated in Article 60 of this Code.

Article 90.- The employee who causes a loss of tools, equipment or other property assigned by the business, or who causes a material consumption in excess of the allowed level shall, depending on each case, pay partial or full compensation at the market price. The employee shall make compensation according to the responsibility contract, if such a contract has been signed. He/she shall not have to make any compensation in case of force majeure.

Article 91.- The order of, and procedure for, the compensation of damages stipulated in Article 89 and 90 shall apply as set forth in Articles 86 and 87 of this Code.

Article 92.-

1- The employer is entitled to suspend temporarily the work of the employee if the employer finds that the suspected violation involves complex matters and that the continued presence of the concerned employee at work might impede the inquiry. This suspension can be conducted only after consultation with the Executive Committee of the local Trade Union.

2- The temporary suspension of an employee's work shall not exceed 15 days, and even in special cases, it shall not exceed three months. The employee is entitled to an advance payment representing 50% of his/her salary for the whole duration of the suspension before the suspension takes effect.

After the period of temporary suspension the employee must be reinstated.

3- If the employee is found to have violated the labor discipline and is sanctioned, he/she shall not have to return the advance payment.

4- If the employee is found not in violation of the labor discipline, the employer must pay the employee his/her full wages and subsidies for the period of the temporary suspension.

Article 93.- If the employee finds that the penalty imposed on him/her is not justified, that employee, who is sanctioned for violation of labor discipline, who is subjected to temporary suspension from work or who is made to pay compensation according to his/her material liability, is entitled to protest to the employer or the competent authority or request the settlement of the labor dispute as prescribed by law.

Article 94.- If the competent authority concludes that the decision of the employer to discipline the employee is unjustified, the employer must annul that decision, publicly apologize to him/her, rehabilitate his/her honor and restore all his/her material benefits.