HANDLING LABOR DISCIPLINE WITHOUT INTERNAL LABOR REGULATION?

Labor regulations are an important document, a legal basis to help the State management agencies perform the function of labor management and supervision in the most effective and fastest way. Labor regulations are also a legal basis to resolve labor disputes that arise related to labor discipline. So, in the case of labor discipline in accordance with the rules, but the rules have not been registered with the state agency, how is the labor discipline?

1. How are enterprises not registered with labor regulations?

According to the provisions of Article 118 of the Labor Code 2019 and Article 69 of Decree 145/2020/ND-CP, employers, regardless of production scale and the number of employees, must have a Labor Regulation. Specifically, employers employing 10 or more employees must issue written labor regulations. When employing fewer than 10 employees, they can choose one of the following two forms: Issuing labor regulations immediately following internal labor rules in the labor contract.

Article 119 of the Labor Code stipulates that employers employing 10 or more employees must register their labor regulations at a specialized labor agency under the provincial People’s Committee (Department of Labor – Invalids and Social Affairs) or a specialized labor agency of the district-level People’s Committee (authorized by the provincial labor authority) where the employer registers its business.

Thus, if an employer of 10 or more people does not register the labor regulations, they will be administratively sanctioned with an amount of from 5,000,000 VND to 10,000,000 VND for one of the acts of not registering labor rules with state management agencies on provincial labor.

2.         Will there be disciplinary action when the labor regulations have not been registered?

According to Article 123 of the 2019 Labor Code, the statute of limitations for handling labor discipline is 06 months from the date of occurrence of the violation; In case the violation is directly related to finance, property, disclosure of technology secrets, or business secrets of the employer, the statute of limitations for handling labor discipline is 12 months. At the end of the time specified in Clause 4, Article 122 of this Code, if the statute of limitations expires or the statute of limitations but not enough 60 days, it will be prolonged to handle labor discipline but not more than 60 days from the date Out of time mentioned above.

Therefore, if an enterprise that is required to register labor regulations registers labor regulations within the statute of limitations for disciplinary action, even though the employee commits violations before registering the labor regulations, businesses are still disciplined.