05 Jan INTERNAL LABOR REGULATIONS ENTERPRISES IN VIETNAM SHALL ISSUE IN WRITTEN AND REGISTER BY LAWS
(Last Updated On: February 3, 2023)
From February 01, 2021 every employer shall issue their own internal labor regulations or include terms of labor discipline and material responsibility in labor contracts.
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.
Primary contents of labor regulations include:
- 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;
- Workplace order; work area, movement during working hours; code of conduct; dress code; compliance to job assignment by the employer;
- 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;
- 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 by law;
- 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;
- Specific cases in which employees may be temporarily reassigned against their employment contracts;
- Specific employees’ violations and corresponding disciplinary actions;
- 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;
Without internal labor regulations, the employer can not apply dismissal as a form of discipline in case of an employee commits an act of theft, embezzlement, gambling, intentional infliction of injury, use of drugs inside the workplace, disclosure of technological or business secrets or infringement of intellectual property rights of the employer, or acts which cause serious damage or threaten to cause serious damage to the assets or interests of the employer.
How to tailor management in preparation – registration – implementation of the internal labor regulations or how to review and revise the labor contract with required terms of labor discipline and material responsibility, please contact our expertise for your one stop solutions.
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