Chương V Nghị định 05/2015/NĐ-CP hướng dẫn bộ luật lao động: Kỷ luật lao động, trách nhiệm vật chất

Chapter V

LABOR DISCIPLINE, MATERIAL RESPONSIBILITIES

Section 1: LABOR DISCIPLINE

Article 27: Contents of labor regulations

The main contents of labor regulations under clause 2 of Article 119 of the Labor Code shall be prescribed as follows ::

1. Working time and rest time : regulations on normal working hours in 01 day, 01 week; shift; starting and ending time of the work shift; overtime (if any); overtime in special cases; short breaks beside break time; shift exchange breaks; weekly leave; annual leave, personal leave, unpaid leave .

2. Order at workplace : Regulations on work scope, moving around in work time; behavioral culture, costumes; compliance with assignment, appointment of the employers (unless obvious risk of occupational accidents, occupational diseases, serious threat the lives and health of the employees).

3. Labor safety, labor hygiene at workplace : Responsibilities for mastering the labor hygiene and safety, fire prevention ; compliance with measures to ensure labor hygiene and safety, prevention against occupational accidents and occupational diseases; compliance with rules, procedures, regulations and standards of labor hygiene and safety; use and maintenance of personal safety equipment; hygiene, decontamination, sterilization at work.

4. Protection of assets and technological and business secrets and intellectual property of the employer : List of assets, documents, technological and business secrets and intellectual property that must be protected within the scope of the assigned responsibilities

5. Employees’ violations against labor discipline, forms of dealing with violations against labor discipline, and material responsibilities shall include: List of violations, the degree of violation in proportion to the form of handling the labor discipline; extent of the damage, liability for indemnity of damages.

Article 28. Registration of labor regulations and the effect of labor regulations

1. Within 10 days after the date of issue of labor regulations, the employers must submit labor regulation registration dossiers to the state management agencies of the province where their business is registered.

2. Upon receipt of full registration dossiers of labor regulations, the provincial agencies in charge of State management of labor shall issue the confirmation of receipt of the registration dossiers to employers.

3. Within 7 working days from the date of receipt of a dossier for registration of the labor regulations, if the labor regulations have contents contrary to law, the provincial agencies in charge of State management of labor shall notify in writing and provide guidance for the employer to make necessary amendments and supplements and the regulations must be re-submitted for registration. .

4. If receiving a written notification of labor working regulations contrary to the law, the employers shall amend and supplement the labor regulations , consult with representatives of the labor collective at the facilities and re-register the labor regulations

5. If amending and supplementing the effective labor regulations, the employers must consult with organizations representing labor collective at the facilities and re-regist the labor regulations.

6. The re-registration dossiers of the labor regulations specified in clauses 4 and 5 of this Article shall be made in the same manner as labor regulations dossiers

7. The labor regulation shall take effect after 15 days after the provincial State management agencies receive the registration dossiers or re-registration dossiers of the labor regulations.

8. The employer having branches, units, business production facilities in many central-affiliated cities and provinces shall submit the effective labor regulations to the provincial State management agencies where branches, units, business production facilities are located .

9. The employer hiring less than 10 employees shall not be required to register the labor regulations.

Article 29. Handling violations against labor discipline imposed on the employees raising children under 12 months of age

1. The employer shall not handle violations against labor discipline for the employees being the fathers or mothers or legal adoptive fathers or mother raising children under 12 months of age.

2. When the time of raising children under 12 months old has run out, if the statute on limitations to such handling has expired, it shall be prolonged, but not exceeding 60 days after the time of raising children under 12 months of age runs out.

Article 30. Procedures for handling violations against the labor discipline

The procedures foe handling of violations against labor discipline in Article 123 of the Labor Code shall be prescribed as follows

1. The employer shall give a written notice of the participation in the meeting of handling violations against labor discipline to the executive board of the primary trade unions or trade union at the higher levels of grassroots one at the place where the primary trade union has not been yet established, employees, parents or legal representatives of the employees under 18 years of age at least 5 working days prior to the meeting.

2. The meeting about handling of violations against labor discipline shall be conducted in the presence of sufficient participants notified under the provisions of clause 1 of this Article. If the employer has noticed in writing 03 times, but one of the participants is absent, the employer shall conduct the meeting unless the employee is in time that labor disciplinary measures may not applied as specified in clause 4 of Article 123 of the Labor Code.

3. The meetings for labor discipline must be made in minutes and such minutes must be agreed by the participants before the end of the meeting. The minutes must be signed by all meeting participants prescribed in clause 1 of this Article and the minutes writer. If one of the participants attended the meeting without signing the minutes, the reason for such refusal must be clearly provided.

4. The persons concluding contracts prescribed at Points a, b, c and d, Clause 1, Article 3 of this Decree shall be the persons entitled to make decision on handling violations against labor discipline imposed on employees. Persons authorized to conclude contracts may only handle violations against labor discipline in the form of reprimands.

5. The decision to handle violations of labor discipline to employees must be issued within the statute of limitations of handling violations of labor discipline or prolonged duration of the statute of limitations of handling violations of labor discipline under Article 124 of the Labor Code, such decision must be sent to the participants of meeting of handling violations of labor discipline.

Article 31. Dismissal imposed on employees being absent from work without permission

1. Dismissal may be applied by an employer as a form of discipline for an employee who has been absent from work without permission for a total of 5 working days within 30 days or 20 days within 365 days since the first day of being absent from the work without permission without plausible reasons

2. Dismissal may be applied by an employer as a form of discipline for an employee quitting jobs with the following plausible reasons :

a) Natural disasters, conflagration;

b) Illness of employees or their mother, father, adoptive mother, adoptive father, mother-in-law, father-in-law, husband, wife, children or adopted children with certification by a health facility founded and operated as prescribed in law

c) Other cases defined in the labor regulations.

Section 2: MATERIAL RESPONSIBILITIES

Article 32. Compensation for damage

Compensation for damage under the provisions of Article 130 of the Labor Code shall be prescribed as follows:

1. In case due to negligence, an employee causes damage to tools and equipment valued at least 10 months’ regional minimum wage announced by the Government and this damage is applied at the employee’s workplace, the employee shall pay compensation of no more than 3 months’ wage which is written in the employment contract of the preceding month before the damage that happens and this compensation shall be deducted monthly from his/her wage in accordance with Clause 3, Article 101 of this Code.

2. The employee must pay compensation for damage in whole or in part in accordance with the market price in one of the following cases:

a) An employee, due to negligence, causes damage to tools and equipment valued at no more than 10 months’ regional minimum wage announced by the Government and this damage amount is applied at the employee’s workplace,

An employee causes loss of tools, equipment or assets of the employer or other assets provided by the employer

c) An employee consumes materials in excess of the permitted level defined by the employer.

3. If the employee causes any damage as prescribed in clause 2 of this Article and has been bound by the liability contract with the employer, such employee must compensate according to the liability contract .

4. In case the damage is caused by a natural disaster, conflagration, enemy-inflictes destruction, epidemic diseases, calamity or other objective events which are unforeseeable and irremediable and every necessary measure has been taken to full ability, no compensation is required.

5. The process and effective term of payment for compensation for damages shall be applied in the procedures and statute of limitations of handling violations of labor discipline.

Article 33. Complaints about labor discipline and material responsibilities

1. If an employee subject to penalties for violations against labor disciplines, work suspension, or pay compensation requirements in accordance with the regulations on material responsibilities does not agree with the handling decision, he/she shall file a appeal against the employer’s decision to a competent agency prescribed by law, or request settlement of a labor dispute according to the procedures prescribed by law.

2. The employer must cancel or issue a decision to replace the issued decision and notice to employee in the enterprise when competent authorities who have the authority to hear such appeals draw conclusions which are different from the content of decision on handling violation against labor discipline or decision to temporarily suspend the work or decision on compensation under the regulations of material responsibility of the employer.

3. The employer must restore the violated rights and interests of the employee due to their decision on handling violation against labor discipline or decision on temporarily suspending the work or decision on compensation for damage paid by employers. If disciplinary measures in the form of unlawful dismissal is taken, the employer must implement the provisions of clauses 1, 2, 3 and 4 of Article 42 of the Labor Code.