Can businesses fire workers who take to the streets to cause trouble?
(Baonghean.vn) - Many workers voluntarily quit their jobs and followed the crowd to the streets under the pretext of 'protesting' against the Draft Law on Special Economic Zones and the Law on Cyber Security, causing disorder and destroying the legitimate property of businesses... Regarding this issue, labor managers (businesses) have the right to fire workers who voluntarily quit their jobs and go to the streets to cause trouble.
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If workers and laborers take to the streets to 'protest' or cause trouble, they will be fired by the company or management unit. Photo: Document (IT) |
Many people use protests and demonstrations as an excuse to incite riots, cause traffic jams, and destroy property of other individuals and organizations... which is strictly prohibited and will be handled according to the law.
In addition, some workers and laborers participating in the above activities will be subject to disciplinary action of dismissal by the enterprise (employer).(compare with Article 126 of the 2012 Labor Code).
Thus, employers have the right to dismiss employees if they violate the following cases (according toArticle 126 of the 2012 Labor Code, including:
1. Employees who commit acts of theft, embezzlement, gambling, intentional injury, drug use within the workplace, disclose business secrets, technological secrets, infringe upon the intellectual property rights of the employer, commit acts that cause serious damage or threaten to cause especially serious damage to the property or interests of the employer;
2. Employees who are disciplined by extending the salary increase period and re-offend during the period when the discipline has not been cleared or are disciplined by dismissal and re-offend.
Recidivism is a case where an employee repeats a violation that has been disciplined but has not had the discipline removed according to the provisions of Article 127 of this Code;
3. Employees who voluntarily leave work for 05 cumulative days in 01 month or 20 cumulative days in 01 year without a valid reason.
Cases considered to have legitimate reasons include: natural disasters, fires, illness of the individual or a relative with confirmation from a competent medical examination and treatment facility, and other cases specified in the labor regulations.
So, if an employee uses the excuse of "protesting" to cause serious damage or threaten to cause especially serious damage to the property or interests of the enterprise, the enterprise has the right to apply the form of dismissal of the employee. And if the employee voluntarily quits his job to protest for 5 days in a month or 20 days in a year, he will also be dismissed.

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