In an increasingly complex working environment, labor discipline disputes have become a common issue. To protect your rights and resolve arising issues appropriately, it is important to understand legal regulations. A.D.V.N Law would like to accompany you in understanding and handling disputes related to labor discipline.
Labor discipline disputes occur when employees believe that the employer's disciplinary decision or action infringes on their legitimate rights and interests. According to the 2019 Labor Code, disciplinary measures include:
- Reprimand
- Extension of salary increase period not exceeding 06 months
- Removal from office
- Dismissal
Step 1: Notice and Organization of Disciplinary Meeting
- The employer must send a written notice of the labor disciplinary meeting to the Executive Board of the grassroots Trade Union (or the Executive Board of the Trade Union at a higher level if there is no grassroots trade union), the employee, and the parents or legal representatives of employees under 18 years of age at least 5 working days before the meeting (Article 124 of the 2019 Labor Code).
- The disciplinary meeting can only be held when all participants are present. If one of the members is absent after 03 notices, the employer can still hold the meeting, unless the employee is in the period of not being subject to disciplinary action.
- The meeting must be recorded in minutes and signed by all members attending. If one person does not sign, the reason must be clearly stated.
Step 2: Issuing a Disciplinary Decision
- The person authorized to sign the disciplinary decision must be the person who signed the labor contract with the employee. If the person authorized to sign the labor contract only has the right to reprimand, other forms of discipline are not under their authority.
- The disciplinary decision must be issued within the statute of limitations for disciplinary action (Article 124 of the 2019 Labor Code) and sent to the members participating in the disciplinary meeting.
If the employee disagrees with the disciplinary decision, he/she can make a complaint through the following steps:
Normal Complaint Procedures:
- First time: Complain to the employer. The settlement period shall not exceed 45 days or 60 days, depending on the geographical area and the complexity of the case (Article 23 of Decree 145/2020/ND-CP).
- Second time: Complain to the Chief Inspector of the Department of Labor, War Invalids and Social Affairs. The settlement period shall not exceed 60 days or 90 days, depending on the geographical area and the complexity of the case.
In addition, the employee has the right to file a lawsuit at a competent court in accordance with the provisions of the Civil Procedure Law.
When a labor discipline complaint is not satisfactorily resolved through the normal complaint steps, the employee can file a lawsuit at court. Below is the procedure for resolution at court:
- Filing a Petition: The employee needs to prepare and submit a petition with supporting documents related to the case to the People's Court at the district level where the employer has its head office (Article 35 of the 2015 Civil Procedure Code). The petition must clearly state the requests and evidence related to the dispute.
- Receiving and Accepting the Petition: The court will examine and accept the petition. If the documents are complete and valid, the court will proceed to resolve the case. The time limit for accepting and resolving a case in court is 4 months for simple civil cases and may be longer if the case is complicated (Article 203 of the 2015 Civil Procedure Code).
- Trial: The court will conduct the trial steps including summoning the relevant parties, collecting evidence, and organizing a trial to try the case. The relevant parties have the right to present opinions, provide evidence, and participate in debates in the trial.
- Issuing a Decision: After the trial, the court will issue a judgment or decision to resolve the dispute. The judgment can be appealed within the statutory time limit if one of the parties disagrees with the court's decision.
Q1: How long can I appeal a labor disciplinary decision?
A1: According to regulations, you can appeal a labor disciplinary decision within 30 days from the date of receipt of the disciplinary decision. If the first complaint is not satisfactorily resolved, you may file a second complaint within 30 days from the date of the first complaint.
Q2: When do I have the right to file a lawsuit in court?
A2: You have the right to file a lawsuit in court if your complaint about a disciplinary decision is not satisfactorily resolved through the normal complaint steps or if you do not agree with the settlement result of the competent authority.
Q3: How long after the violation is discovered can a disciplinary decision be implemented?
A3: A decision on labor discipline must be implemented within the disciplinary statute of limitations, which is usually no more than 6 months from the date of discovery of the violation. This period may be extended depending on the severity and nature of the violation.
Q4: If I disagree with the disciplinary decision, what can I request?
A4: You can request to cancel the labor discipline decision or request to adjust the disciplinary form to be more appropriate. If your complaint is accepted, the disciplinary decision will be adjusted or canceled.
A.D.V.N Law is committed to providing effective legal consulting and support services in resolving labor discipline disputes. We provide the following services:
- Legal Consulting: Providing detailed information on the rights and obligations of employees as well as the dispute resolution process.
- Complaint Support: Guiding and representing employees during the complaint process.
- Court Litigation: Representing and protecting the interests of clients in court.
For specific advice and support on labor disciplinary disputes, please contact A.D.V.N Law. We are pleased to accompany you in protecting your legal rights and resolving all legal issues.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
