Can the company take disciplinary action for behavior not specified in the labor regulations?

Reply:

1. Labor regulations:

Pursuant to Clause 2, Article 118 of the 2019 Labor Code, company regulations must not be contrary to labor laws and related regulations. At the same time, in the main contents of the Labor Regulations, there are provisions on the content of "Acts of violating labor discipline and forms of handling".

2. Prohibited acts when handling labor discipline:

According to Article 127 of the 2019 Labor Code, the following acts are prohibited when handling labor discipline:

"Article 127. Prohibited acts when handling labor discipline:

3. Disciplinary action against employees who commit violations not specified in the labor regulations or notagreement in the contractlabor has been contracted or the labor law has no provisions".

Violations of labor discipline regulations may be subject to penalties. Illustration photo: Diep Thanh

3. Regulations on penalties for violations of labor discipline regulations:

According to Clause 3, Article 19, Decree 12/2022/ND-CP stipulating sanctions for violations of labor discipline regulations, specific material responsibilities are as follows:

“3. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on an employer who commits one of the following acts:

a) Infringing upon the health, honor, life, reputation or dignity of employees when handling labor discipline but not to the extent of criminal prosecution.

b) Using fines or salary cuts instead of disciplinary action.

c) Disciplinary action against employees who commit violations not specified in the labor regulations or not agreed upon in the signed labor contract or not stipulated by labor laws.

d) Applying multiple forms of labor discipline to one violation of labor discipline.

d) Disciplinary action against employees who are on sick leave; on convalescent leave; on leave with the employer's consent; are being detained; are being temporarily imprisoned; are awaiting the results of the competent authority's investigation, verification and conclusion for violations specified in Clause 1 and Clause 2, Article 125 of the Labor Code".

Thus, if the Employer takes disciplinary action against the employee,workersIf there is a violation that is not specified in the labor regulations or not agreed upon in the signed labor contract or not stipulated by labor law, the fine shall be from 20,000,000 to 40,000,000 VND.