ISSUANCE - REGISTRATION OF

COMPULSORY INTERNAL LABOR REGULATIONS

According to Labor laws, from February 1, 2021, enterprises must issue internal labor regulations.

Internal labor regulations provide guidance for employees to act properly, develop corporate culture, help businesses apply disciplinary measures, legal dismissal, and prevent behaviors that threaten business interests…

09 PRIMARY CONTENTS OF THE INTERNAL LABOR REGULATIONS IN VIETNAM:

1. Specific working hours, rest periods in 01 day, 01 week; work shifts; beginning and ending time of shifts; overtime work (if any); special cases of overtime work; extra rest breaks; breaks between shifts; weekly days off; annual leave, personal leave, unpaid leave;
2. 2.Workplace order; work area, movement during working hours; code of conduct; dress code; compliance to job assignment by the employer;
3. Occupational hygiene and safety in the workplace: responsibility to comply with rules and regulations, procedures and measures for assurance of occupational hygiene, occupational safety and fire safety; use and preservation of personal safety equipment and other equipment serving assurance of occupational hygiene and safety at the workplace; cleaning, decontamination and disinfection at the workplace;
4. The employer’s regulations on preventing and combating sexual harassment in the workplace; procedures for taking actions against sexual harassment in the workplace as prescribed in Article 85 of Decree 145/2020/ND-CP;
5. Protection of the employer’s assets, business secrets, technological secrets and intellectual property: A list of assets, documents, technological secrets, business secrets, intellectual property; responsibility, measures for protection thereof; definition of infringements upon these assets and secrets;
6. Specific cases in which employees may be temporarily reassigned against their employment contracts according to Clause 1 Article 29 of the Labor Code 2019;
7. Specific employees’ violations and corresponding disciplinary actions; specify violations of labor discipline; forms of labor discipline corresponding to the violation;
8. Material responsibility: Cases in which the employee has to pay compensation for causing damage to or losing tools, instruments or assets; exceeding material consumption limits; compensation levels in proportion to the damage caused; persons having the power to claim compensation;
9. Persons having the power to take disciplinary actions: persons having the power to conclude employment contracts on behalf of the employer as prescribed in Clause 3 Article 18 of the Labor Code 2019 or specific persons specified in the internal labor regulations.

REQUIRED COMPLIANCE PROCEDURES WHEN ISSUANCE INTERNAL LABOR REGULATIONS: 

The regulations are only legally effective when they are implemented in accordance with the following provisions: 

1. Every employer shall issue their own internal labor regulations. An employer that has at least 10 employees shall have written internal labor regulations. Written regulations are not required if the employer has fewer than 10 employees but labor discipline and material responsibility must be included in the contents of the employment contracts.
2. Before issuing or reviBefore issuing or revising the internal labor regulations, the employer shall consult with the internal employee representative organization (if any) in accordance with the internal labor regulations, the employer shall consult the employee representative organization
3. The issued labor regulations shall be sent to every internal employee representative organization (if any) and all employees. Primary contents of internal labor regulations shall be publicly posted where necessary at the workplace.
4. Within 10 days from the date of issuance of the internal labor regulations, the employer must submit the application for registration of the internal labor regulations. If any of the contents of the internal labor regulations is found contrary to the law, within 07 working days from the date of receipt of the application, the provincial labor authority shall notify and instruct the employer to revise it and re-submit the application.
5. Consistent with internal policies: Salary/wages regulations, labor agreements, employment contracts, and trade union activities.

In addition, each enterprise needs to rely on its business characteristics and corporate culture to specify every regulation appropriately and be able to fully apply it in practice. Developing and registering Internal Labor Regulations is not only to meet mandatory requirements of state agencies but is also an important tool to help guide long-term management and human resource development, prevention and protection of businesses in related issues.

OUR PROMOTIONS:

• (1) FREE SERVICE PACKAGE FOR ISSUANCE AND REGISTRATION OF INTERNAL LABOR REGULATIONS: Applicable to clients who have used the full compliance service, excluding 5 million VND charges for administrative procedures, printing of personnel handbooks, internal regulations… 
• (2) FREE SERVICE PACKAGE FOR ISSUANCE AND REGISTRATION OF INTERNAL LABOR REGULATIONS: Applicable to priority clients, excluding 5 million VND fees for administrative procedures, printing of personnel handbooks, internal regulations…

Kindly contact our experts for your one-stop solutions on how to tailor management in preparation – registration – implementation of the internal labor regulations or how to review and revise the employment contract with required terms of labor discipline and material responsibility.

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