What Is Labor Discipline? Types Of Labor Discipline in 2023

Labor discipline holds significant importance in the realms of human resource management and business management. Neglecting this aspect can result in adverse consequences for both employees and the company as a whole. Conversely, implementing and enforcing regulations and guidelines pertaining to employee conduct within the organization can foster a professional work environment and safeguard the rights of all individuals involved. In the current highly competitive business landscape, labor discipline plays a pivotal role in enabling businesses to overcome challenges and achieve sustainable growth.

This article aims to explore the concept of labor discipline, its significance, and the appropriate disciplinary measures that should be implemented within a company. NT International Law Firm is pleased to address these inquiries and shed light on the aforementioned matters.

What Is Labor Discipline? Types Of Labor Discipline in 2023

What is labor discipline?

Definition:

• Article 117 of the Labor Code defines labor discipline as “the regulations on compliance with time, technology and production and business management promulgated by the employer in labor regulations and prescribed by law.”
• Its primary purpose is to create a well-structured and fair working environment for all employees, safeguarding their rights and the company’s interests.

The types of labor discipline

• According to Article 124 of the Labor Code, the following disciplinary forms can be applied:
  • Reprimand
  • Extension of salary increase period (up to 6 months)
  • Demotion
  • Dismissal

Handling Labor Discipline Violations:

• Article 122 outlines the principles and procedures for handling labor discipline violations:
  • The employer must prove the employee’s fault.
  • Employee representation organization must participate.
  • The employee has the right to be present, defend themselves, and seek legal or representative assistance.
  • The process must be documented in minutes.
  • Multiple forms of discipline cannot be applied for a single violation.
  • Only the highest form of discipline is applied for multiple violations.
  • Certain periods (e.g., sick leave, maternity leave) prevent disciplinary action.
  • Employees with mental illness or cognitive impairment are exempt from disciplinary action.

Dismissal as a Form of Discipline:

• Article 125 specifies situations where dismissal as a disciplinary measure is justified:
  • Theft, embezzlement, gambling, intentional injury, or drug use at work.
  • Disclosing business secrets, infringing on intellectual property, causing serious damage, or sexual harassment.
  • Repeated violation of existing disciplinary action.
  • Unjustified absence exceeding specified limits.

Prohibited Acts:

• Article 127 prohibits certain practices during disciplinary action:
  • Violations of employee health, honor, life, reputation, or dignity.
  • Fines and salary cuts instead of prescribed disciplinary forms.
  • Disciplinary action based on violations not outlined in internal regulations, labor contracts, or labor law.

The procedure of labor discipline

1. Evidence Collection:

• As per Clause 1, Article 70 of the decree, employers must notify employees of the suspected violation and request their explanation and any relevant information.
• If evidence exists, it must be collected and securely stored for future reference.

2. Meeting:

• Clause 2, Article 70 mandates holding a meeting for serious violations.
• Employees have the right to attend and present their version of events.
• Managers and directors should also be present to review the situation and gather all perspectives.

3. Decision:

• Clause 3, Article 70 stipulates that after hearing all parties involved, a decision regarding disciplinary action must be made.
• This decision can include fines, salary reductions, suspension, or dismissal, depending on the severity of the violation.

4. Notification:

• Clause 4, Article 70 requires employers to provide employees with written notification of the decision and its rationale.
• This notification should be signed by both parties to acknowledge its receipt and understanding.

5. Recording:

• Clause 5, Article 70 emphasizes the need to document all aspects of the disciplinary process.
• This includes the employee’s name, date of the violation, details of the meeting, decision reached, and justification for the chosen action.

Notes for employing disciplinary measures

• All disciplinary actions must adhere to the provisions of the 2019 Labor Code and its implementing regulations, including Decree 145/2020/ND-CP.
• Employers must ensure transparency by providing clear information about labor discipline rules and regulations to all employees.
• Fair and impartial treatment of all employees is crucial, avoiding favoritism or discrimination during disciplinary proceedings.
• Confidentiality of employee information is paramount throughout the process.
• Creating a positive work environment that encourages employee motivation and engagement can minimize the need for disciplinary action.

NT International Law Firm has addressed the question of what labor discipline is and the forms of labor discipline. If you have any further questions or concerns regarding labor, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

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