Labor discipline is the time, technology, arrangement, production, and business regulations mentioned in the labor regulations. It requires workers to obey, and anyone who violates it can be punished.
Article 123 of the current Labor Code stipulates: An employer may apply a disciplinary measure only for an employee’s violation of labor discipline. Where there are many violations, only the highest form of punishment (corresponding to the most severe offenses) will apply.
In particular, there are four forms of discipline that the law allows employers to implement:
– Extend the wage increase period but not more than six months;
– Laying off.
Besides, when disciplining employees, employers must strictly comply with the following requirements:
– Prove the fault of the employee;
– There must be the participation of an organization representing the labor collective;
– The employees must be present. They are allowed to defend or have a lawyer or someone else defend them. If the employee is a person under 18 years old, there must be the participation of the father or mother or the legal representative;
– The labor discipline must be recorded in writing.
– Labor discipline may not be imposed on employees who are in the period of:
+ Sick and convalescence leave; resignation with the consent of the employer;
+ Being held in custody or temporary detention;
+ Awaiting the results of the authorities investigating, verifying, and concluding for possible dismissal violations;
+ Female employees are pregnant or on maternity leave; employees raising children under 12 months of age;
– Do not handle workers who violate discipline while they are mentally ill or have other diseases that make them incapable of cognitive or behavioral control.
* Time limit for handling discipline
According to Article 124 of the Labor Code, the time limit for handling a labor discipline is six months from the date the violation is committed. In case of violations directly related to finance, assets, business secrets, technological secrets, the time limit for handling a labor discipline is 12 months.
In cases where the employer is not allowed to take disciplinary action (the employee is on sick leave, convalescence, etc.), then upon the expiry of this period, if there is still time for discipline, it must be handled immediately. If the time limit expires, it may be extended, but for no more than 60 days, and discipline decision must be issued within this period.
So, what is the time limit? Article 149 of the 2015 Civil Code states: Time limit is a period determined from time to time, and when it ends, there will be legal consequences under the conditions prescribed by law.
It means that, if a violation is found, the employer may only discipline the employee during the above period. If past this time, the offense will not be punished anymore.