Chương III Thông tư 47/2015/TT-BLĐTBXH : Kỷ luật lao động, trách nhiệm vật chất

Chapter III

LABOR DISCIPLINE AND MATERIAL LIABILITY

Article 10. Registration of labor regulations and the effect of labor regulations

1. The document certifying the receipt of the registration dossier of labor regulations issued by a labor authority of province prescribed in Clause 2 Article 28 of the Decree No. 05/2015/ND-CP must contain at least the following information:

a) Name of the labor authority of province;

b) Full name and position of the person receiving the registration dossier of labor regulations;

c) Name and address of the enterprise, agency, organize, cooperative, household or individual registering labor regulations; the household or individual is also required to specify the full name and ID number of the householder or individual;

d) Hour and date of receipt of adequate registration dossier of labor regulations;

dd) Signature of the person receiving the registration dossier of labor regulations.

2. The labor authority of province must make a register of labor regulations using the form No. 2 of Appendix issued herewith.

3. The document notifying labor regulations contrary to regulations of law issued by the labor authority of each province prescribed in Clause 3 Article 28 of the Decree No. 05/2015/ND-CP must contain at least the following information:

a) Name of the labor authority of province;

b) Name and address of the enterprise, agency, organize, cooperative, household or individual registering labor regulations; the household or individual is also required to specify the full name and ID number of the householder or individual;

c) Contents of labor regulations contrary to regulations of law required necessary amendments and supplements (specific contents prescribed in particular Point, Clause, Article and legislative document and amended contents);

d) Signature, full name and position of the competent person of the labor authority of province.

4. The employer hiring less than 10 employees shall not be required to register the labor regulations; if the employee issues labor regulations in writing, its effect shall be specified in such written labor regulations; if the written labor regulations are not issued, the employer and the employee shall agree the contents of labor discipline and material responsibility that are included in the labor contract.

Article 11. Actions against breaches of labor discipline imposed on the employees raising children under 12 months of age

Each employer may not handle violations against labor discipline committed by an employee raising children under 12 months of age prescribed in Article 29 of the Decree No. 05/2015/ND-CP in any of the following cases:

1. Raising a natural child under 12 months of age;

2. Raising an adopted child as prescribed in law on marriage and families;

3. Raising a surrogacy child under 12 months of age by a surrogate mother as prescribed in law on marriage and families.

Article 12. Organizing meetings about handling of violations against labor discipline

1. The meeting about handling of violations against labor discipline shall be organized as prescribed in Clause 2 Article 30 of the Decree No. 05/2015/ND-CP in the presence of sufficient participants notified under the provisions of clause 1 of Article 30 of the Decree No. 05/2015/ND-CP.

2. In case the employer has sent written notification of participation in the meeting of handling of violations against labor discipline, but one of the participants is absent, the employer shall send another written notification to such person.

3. If the employer has noticed in writing 03 times, but one of the participants is absent (excluding the case that the meeting is postponed or cancelled or the meeting’s place is changed, 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.

4. If the person in charge of concluding contract of the employer authorizes another person to conclude the labor contract in writing lawfully as prescribed in Clause 1 Article 3 of the Decree No. 05/2015/ND-CP, the authorized person shall be entitled to convene and preside over the meeting about actions against breaches of labor discipline.

The authorized person may issue a decision on actions against breaches of labor discipline in the form of reprimands. Regarding other forms of actions against breaches of labor discipline, the authorized person must complete the documents on actions against breaches of labor discipline, and then request the employer to decide the forms of actions and implement the effective decision.

Article 13. Employees absent from work with plausible reasons

An employee absent from work with the following reasons shall be considered plausible reasons as prescribed in Clause 2 Article 31 of the Decree No. 05/2015/ND-CP:

1. A natural disaster or conflagration occurs that the employee is unable to present herself/himself at work regardless of every remedial measure adopted;

2. Illness of the employee or his/her mother, father, adoptive mother, adoptive father, mother-in-law, father-in-law, husband, wife, natural child or lawfully adopted child, surrogacy child with certification by a health facility founded and operated as prescribed in law.