Can enterprises keep original documents of employees?
Tue, 28 Feb 2023 11:02:00 | Print | Email Share:
During the working process, Mr. Nguyen Chat Thanh's company (HCMC) has sent employees to train outside courses, the cost is paid by the company. At the end of the course, the training organization will issue a certificate of course completion to the trained employee.
The company has been keeping these original certificates because it is necessary to submit them to state agencies when there is inspection and examination and to avoid loss and damage by employees.
Mr. Thanh asked, is it illegal to keep such certificates of the company?
Regarding the travel time of employees, according to the provisions of Clause 6, Article 113 of the Labor Code: "When taking annual leave, if the employee travels by road, rail or water transportation, if the number of travel days more than 2 days to and back, from the 3rd day onward, the travel time will be added in addition to the annual holiday and only 1 time off in the year.
Suppose, the employee asks for a total leave of 5 days, in which the travel time is 2.5 days. According to the regulations, how will the company apply 0.5 days for employees to enjoy more time on the road? Does the company give leave with pay or does not need to pay wages to employees?
In this regard, the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City replied as follows:
According to the provisions of Article 17 of the Labor Code 2019, the employer must not do when entering into and performing the labor contract:
"1. Keep the original of the employee's identity papers, diplomas and certificates.
Requiring employees to apply security measures in money or other property for the performance of the labor contract.
Forcing employees to perform labor contracts to pay debts to employers.
Keeping the originals of the employee's identity papers, diplomas and certificates is not consistent with the provisions of Article 17 of the Labor Code 2019 above.
According to the provisions of Clause 6, Article 113 of the Labor Code 2019, when taking annual leave, if an employee travels by means of road, railway or waterway, the number of days traveling by road is more than 2 days, from the third day onward is counted as extra travel time in addition to the annual holiday and is only counted for 1 time off in a year.
Transportation fees, wages for travel days other than annual holidays according to Clause 6, Article 113 of the Labor Code, shall be agreed upon by the two parties as prescribed in Clause 1, Article 67 of Decree No. 145/2020/ND-CP dated 14 December 12, 2020 of the Government detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations.
By: Translator: LeAnh-Bizic/According to Mai Chi (Government Newspaper)
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