A Reader has email address as anhdungx @ xxx would like to ask: I am a salesman of a company in Hanoi. Recently, I am issued a disciplinary decision by the company management to extend wage increase period because the reason of bad attitude towards customers. Can the company discipline me for the reason mentioned above?

Layer Thai Thi Phuong from the YouMe Law Firm answers as follows:

In Article 118 of the 2012 Labor Code: “Labour disciplinary regulations are provisions in the internal work regulations on the compliance in respect of time, technology, production and business management.”.

At the same time, Article 128 of the 2012 Labor Code stipulates the following prohibitions on labor discipline:

1.      Infringing the physical integrity and human dignity of the employee.

2. Applying monetary fines or deducting wage in lieu of a disciplinary measure against the violation of labour disciplinary regulations.

3. Applying a disciplinary measure against an employee for having committed a violation which is not stipulated in the internal work regulations.

Therefore, based on the above provisions, the company has the right to handle labor discipline only for employees who violate labor discipline specified in the labor regulations. The contents of the labor regulations are specified in Article 119 of the Labor Code as follows:

1. An employer with at least 10 employees must have internal work regulations in writing.

 2. The contents of internal work regulations shall not be contrary to the labour law or to other relevant legal provisions. The internal work regulations shall include the following key contents:

a) Working hours and rest periods;

b) Order at the workplace;

c) Occupational safety and health at the work place;

d) Protection of the assets and technological and business secrets and intellectual property of the employer;

e) Breaches of labour disciplinary regulations by employees; disciplinary measures against breaches of labour disciplinary regulations and responsibilities regarding equipment.

3. Prior to issuing internal work regulations, the employer must consult with the representative organization of the worker’s collective at grassroots level. 4. Employees must be notified of the internal work regulations, and the major contents must be displayed in necessary areas at the workplace.

As such, his behavior will be subject to disciplinary action extending the wage increase period as specified in the labor regulations. The handling of labor discipline must comply with the regulations on the principles and procedures for handling labor discipline, the statute of limitations for handling labor discipline and the form of handling of labor discipline prescribed in Article 30 of the Decree. 05/2015 / ND-CP.

Legal advice:

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The column was made with support from YouMe Law Firm.

According to THAI PHUONG (Lao Dong Newspaper)