PROBLEMS SURROUNDING LABOR DISCIPLINE
From the process of drafting internal labor regulations to their practical application, the problems on handling labor discipline has always sparked controversy. As of July 16, 2015, Vietnam Human Resources Club (VNHR) has held the Workshop on Labor Discipline – Legal Provisions and Effective Application with the advice from Attorney Nguyen Huu Phuoc (Phuoc & Partners law firm)
Any business or organization is hard to avoid facing with violations caused by its employees cause. Depending on the violation extent, the employer may propose a discipline by reference to the current labor law or duly registered internal labor regulations. Besides, building internal labor regulations require managers to have in-depth knowledge of the Vietnamese laws as well as far-reaching vision of the shortcomings that may occur in the business.
According to Decree No. 05/2015/NĐ-CP, the Government clearly states the subjects falling out of the category of being disciplined. So, in order not to encounter entanglements in the course of handling labor discipline, Attorney Nguyen Huu Phuoc shared that besides reviewing the entire process and current regulations, businesses need to coordinate with lawyers and unions to update the arising behaviors, adjust and continuously register internal labor regulations in line with the changing scenario. For acts causing serious harm or threatening to do so, especially against the business’s property and interests, the employer should note the statute of limitations for dealing with disciplinary breaches without which any settlement (regardless of rational reasons and adequate procedures) shall not be in accordance with the law.
At the workshop, the attorney notably focused on using the dismissal form as labor discipline action. Managers need to have insight into this problem, or they will encounter legal risks due to their unlawful labor discipline actions. Many questions revolving around procedures – handling processes, unemployment benefits, compensation for damages, the extent of damage… v .. are raised for his answers.
One of the common challenges of the labor discipline handling is inability to prove the employee’s violations during the statute of limitations for dealing with disciplinary breaches. In some cases, employees deliberately do not cooperate or cause obstacles to the process of investigation and handling. For that reason lawyers had recommended many measures solving this problem whereby bailiff service is one of the effective tools to support the employer. In fact, many people operating in human resources area had to make an effort to work with the local labor authorities in order to register any internal labor regulations that are both lawful and compatible with the specificity of the business to avoid placing themselves in any “dilemma”.
The workshop with nearly 200 attendees has put its theme in the spotlight of the human resources community, enabling people to take a realistic and delicate look at handling discipline in the labor relationship. VNHR is really an online forum about human resources career in Vietnam with the desire to build a place of knowledge shares and answers among those who practice as human resources professionals.