Dive into the world of labor discipline within the framework of labor law. From handling mistakes and consequences to the statute of limitations for disciplinary actions, we cover it in this article.
Question: From this situation
In August, Ms. B – a worker at confectionery factory X made many mistakes at work: according to the timekeeper, she was late for work 5 days, with this behavior according to company rules she will be punished with reprimand. Does Ms. B have to receive all disciplinary measures for her mistakes?
Answer: According to labor law
Article 122:
1. Labor discipline handling is regulated as follows:
a) The employer must prove the employee’s fault;
b) There must be the participation of the representative organization of employees…which the employee being disciplined is a member;
c) The employee must be present and have the right to defend himself….; In case of a person under 15 years old, there must be the participation of a legal representative;
d) Labor disciplinary action must be recorded in minutes.
2. Do not apply multiple forms of labor discipline for a violation of labor discipline.
3. When an employee simultaneously commits multiple violations of labor discipline, only the highest form of discipline corresponding to the most serious violation will be applied.
4. Labor disciplinary action shall not be taken against employees during the following periods:
a) Sick leave, convalescence; Leave work with the consent of the employer;
b) Being held in custody or temporary detention;
c) Awaiting the results of the competent authority’s investigation, verification and conclusion for violations specified in Clauses 1 and 2, Article 125 of this Code
d) Pregnant female employees; Employees taking maternity leave or raising children under 12 months old.
5. Do not take labor disciplinary action against employees who violate labor discipline while suffering from mental illness or another illness that causes them to lose their cognitive ability or ability to control their behavior.
Based on the above regulations, Ms. B simultaneously committed many violations of labor discipline.
Question: From another situation
Due to a conflict at work, M and N had a fight in the company and damaged some equipment in the factory. M and N knew they would have to pay a large sum of money, so they did not tell anyone about this. Because the company had little work in the past, those machines were not used.
At first, people thought it was because it hadn’t been used for a long time that it was damaged; But when it was taken for inspection and repair, it was discovered that the machine was sabotaged. The company’s security department investigated through surveillance cameras and discovered that M and N were the ones who caused the damage. From the time M and N damaged it until the incident was investigated, more than 4 months passed. So can the Company still take disciplinary action against M and N?
Answer: According to labor law
Article 123 the statute of limitations for labor disciplinary action
1. The statute of limitations for labor disciplinary action is 6 months from the date of the violation; in case the violation is directly related to finance…. the statute of limitations for handling labor discipline is 12 months.
2. Upon the expiration of the time limit specified in Clause 4, Article 122 of the Labor Code 2019, if the statute of limitations expires or the statute of limitations is still short, but not full 60 days, the statute of limitations may be extended to handle labor discipline, but not for more than 60 days. 60 days from the date of expiration of the above period.
3. The employer must issue a decision on disciplinary action against the employee within the time limit specified in Clauses 1 and 2 above.
Question: From final situation
During the lunch break, Mr. C often invites other brothers to gamble for money in the ship repair workshop. Because of the bitter taste of losing, there was a time that Mr. C hit a player, causing injury. After 2 months, Mr. C invited other people to play, and was discovered by the security.
Answer: According to labor law
Clause 1, Article 125, the Company can completely discipline Mr. C for gambling in the company even during lunch break:
1. Employees commit acts of theft, embezzlement, gambling, intentionally causing injury, or using drugs at work;
2. The employee commits acts of disclosing business secrets, technological secrets, infringing on the intellectual property rights of the employer, or acts of causing serious damage or threatening to cause special damage…;
3. The employee is disciplined to extend the salary increase or demotion but repeats the offense while the disciplinary action has not been removed…
4. The employee voluntarily quits his job for 05 cumulative days within a period of 30 days or 20 cumulative days within a period of 365 days from the first day of voluntarily quitting his job without a legitimate reason.
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- Website: hmlf.vn
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