Chapter II
LABOR DISCIPLINE
Article 3.- Labor discipline in Item 1, Article 82, of the Labor Code includes stipulations on:
1. Observing work hours and rest hours;
2. Observing orders by the employers in conducting production and business activities;
3. Observing the technological process and the regulations on labor safety and labor hygiene;
4. Protecting the property and technological and business secrets within the scope of activity assigned.
Article 4.- The labor regulations in Item 1, Article 83, of the Labor Code include the following main contents:
1. Work hours and rest hours: Time-table for daily and weekly work hours, rest time in between working shifts, the number of working shifts, the days of rest in a week; holidays, annual leave, leave on private affairs; the number of extra-work hours in a day, a week, a month, and a year.
2. Order in enterprises: the area of work and movement; contacts and other requirements for maintaining general order;
3. Labor safety and labor hygiene at work places: observance of the measures to ensure labor safety, labor hygiene, and to prevent labor accidents and occupational diseases; observing the norms and conditions for labor safety and labor hygiene; the use and protection of equipment for individual safety; industrial hygiene at work places;
4. Protecting the property, technological and business secrets of the unit: different kinds of property, documents, files and data of the unit within the scope of activity assigned;
5. Acts in violation of labor discipline, forms of handling violations of labor discipline and material responsibility: the employers shall have to concertize each kind of violations and the seriousness of a violation; the forms of handling violations of labor discipline; defining kinds of material responsibility, the extent of damage, and the way of compensation suitable to the characteristics of the unit, with the collective labor agreement (if any), and not at variance with the law.
The labor regulations must be popularized to each laborer, and the main points of the labor regulations must be put up at the work place, the recruitment office and other necessary places of the unit.
Article 5.- The labor regulations must be registered according to Article 82 of the Labor Code as follows:
1. The labor regulations must be registered at the Labor, War Invalids and Social Affairs Service. In registering its labor regulations, the unit concerned must enclose with it concrete conditions concerning labor discipline and material responsibility (if any);
2. The enterprises in export processing zones and industrial parks must send a copy of their labor regulations to the Managing Committee of export processing zones and industrial parks for registration at the Labor, War Invalids and Social Affairs Service in the locality where the Managing Committee is headquartered;
3. The Labor, War Invalids and Social Affairs Service must notify in writing the registration of the labor regulations of the unit concerned within 10 days after it receives the regulations. In case the labor regulations and the enclosed conditions have an article contrary to the law, the Service must single it out and guide the employers to amend it for registration;
4. In case the unit concerned amends its labor regulations and the enclosed conditions, it must register the regulations again.
Article 6.- The forms of handling violations of labor discipline according to Article 84 of the Labor Code are stipulated as follows:
1. Oral or written reprimand shall apply to those laborers who commit a minor mistake for the first time;
2. Transfer of the offender to another work with a lower wage within a maximum period of 6 months shall apply to those laborers who have received a written reprimand, but who have committed a mistake again within the 3 following months or who have violated other stipulations of the labor regulations;
3. Sacking shall apply to those laborers who have violated one of the cases defined in Item 1, Article 85, of the Labor Code, and which has been defined in the labor regulations.
Article 7.- The principles of handling violations of labor discipline:
1. Each violation of labor discipline shall be subject to only one form of discipline. When a laborer commits many acts in violation of labor discipline at a time, he/she is liable to the highest form of discipline corresponding to his/her most serious violation;
2. No labor discipline is imposed on a laborer who infringes on the labor regulations while he/she is suffering from mental disease or another disease which deprives him/her of the capacity of perception or his/her ability to control his/her behavior;
3. All physical assault or insult to his/her dignity on the laborer when he/she is being disciplined is prohibited.
4. No monetary fine or wage cut shall be imposed in replacement of the application of labor discipline.
5. No labor discipline shall be imposed on strikers.
Article 8.- The handling of violations of labor discipline shall be undertaken within a maximum period of 6 months for the following cases according to Article 86 of the Labor Code:
1. A violation of labor discipline involving complicated circumstances which take time to investigate and confirm the mistake and personal identification of the person concerned;
2. The person concerned is in detention.
Article 9.- Recidivism under Item 1, Article 88, of the Labor Code means the person concerned re-commits the same violation of labor discipline while he/she is still penalized for the previous offence.
Article 10.- The person authorized to handle a violation of labor discipline, including temporary suspension of his/her work under Article 8, Item 1 of Article 87, and Item 1 of Article 92, of the Labor Code is the employer; the person using labor by delegation can handle only a violation of labor discipline by way of reprimand.
Article 11.-
1. Violations of labor discipline under Article 87 of the Labor Code shall be considered and handled as follows:
a/ The employer shall have to prove the mistake of the laborer with evidence or a witness (if any);
b/ A representative of the Executive Committee of the Trade Union at the grassroots unit must take part in the handling of a violation of labor discipline, except when an oral reprimand is given;
c/ The person concerned must be present and has the right to defend himself/herself, or request a lawyer, a people's juror, or another person to defend himself/herself. In case the person concerned is under 15 years old, he/she must be accompanied by his/her father, mother, or legal tutor. If the employer has 3 times given a written notice and the person concerned does not show up, the employer can handle the violation and notify the person concerned of the penalty decision.
2. The minutes of the handling of a violation of labor discipline includes the following main contents:
- The day, month, year, and location where the violation of labor discipline is handled;
- Full names and functions of those present;
- The act in violation of labor discipline, the seriousness of the violation, and the extent of damage caused to the enterprise (if any);
- Opinion of the person concerned, of the juror, or of the witness (if any).
- Opinion of the representative of the Executive Committee of the grassroots Trade Union organization;
- Conclusion on the form of handling the violation of labor discipline, the extent of damage, the level of compensation and the way of compensation (if any);
- The person concerned, the representative of the Executive Committee of the grassroots Trade Union organization, and the person authorized to handle the violation of labor discipline shall sign the minutes. The person concerned and the representative of the Executive Committee of the grassroots Trade Union organization have the right to reserve their own opinion; if they refuse to sign their names, they must write down clearly the reason.
3. Decision on handling violations of labor discipline:
a/ The person authorized to handle violations of labor discipline by sacking or transferring the offender to a lower-paid work must issue a written decision specifying clearly the time of discipline. When ordering sacking as discipline, the employer must consult the Executive Committee of the grassroots Trade Union organization. In case of disagreement, the Executive Committee of the grassroots Trade Union organization must report it to the Trade Union organization at the immediate higher level, and the employer must report it to the Labor, War Invalids and Social Affairs Service. Within 30 days after reporting it to the Labor, War Invalids and Social Affairs Service can the employer issue a discipline decision and bear responsibility for his/her decision;
b/ The discipline decision must write clearly the name of the unit where the offender is working; the day, month and year of the decision; the full names and occupation of the offender; the contents of the violation of labor discipline; the form of discipline, the extent of damage, the level of compensation and the form of compensation (if any); the date when the decision begins to apply; the signature, full names and position of the person who issues the decision;
c/ The employer must send copies of his/her discipline decision to the person concerned and the Executive Committee of the grassroots Trade Union organization. In case of sacking, within 10 days after issuing the decision, the employer must send a copy of his/her discipline decision enclosed with the minutes of the handling of labor discipline to the Labor, War Invalids and Social Affairs Service.
Article 12.- The commutation and cancellation of discipline under Article 88 of the Labor Code are stipulated as follows:
1. When deciding to reduce the time of discipline or cancel discipline for the laborer who has been transferred to a lower-paid job for violation of labor discipline, the employer shall issue a written decision and reinstate him/her in the former job under the labor contract already signed.
2. The discipline decision shall become invalid on expiry of the discipline period.
Tìm kiếm
Nghị định 41-CP năm 1995 (Bản Word)