Why is the disciplinary process more important than the basis of violation?
In the practice of resolving labor disputes, courts and authorities often consider the disciplinary procedures before considering whether the employee actually committed a violation or not. A disciplinary decision, even if it has correct grounds, but is in the wrong order, can still be declared invalid.
Step 1: Make a record of violations immediately upon discovery
As soon as a violation is discovered, the direct manager needs to make a record of the incident, with confirmation from witnesses (if any) and from the violating employee. This is the most important evidence throughout the later processing process.
Step 2: Inform the content, time, and location of the disciplinary meeting
Enterprises must notify in writing employees and employee representative organizations (if any) of the content, time, and location of the disciplinary meeting, ensuring that all parties have enough time to prepare and attend.
Step 3: Organize a disciplinary meeting with the right members
The meeting must have all members according to regulations: the employer (or authorized person), the violating employee, and a representative of the employee representative organization. The entire content of the meeting must be recorded in minutes, signed by the attending parties.
Step 4: Make a written disciplinary decision within the statute of limitations
The disciplinary decision must be issued in writing, clearly stating the basis and form of discipline and must be within the statute of limitations for disciplinary action according to the law - beyond the statute of limitations, the enterprise loses the right to discipline for that violation.
Common mistakes
- Oral disciplinary action, no record, no written decision.
- Do not invite representatives of employee representative organizations to attend the meeting.
- Applying disciplinary measures that are more severe than those prescribed in the registered labor regulations.
- Disciplinary action after the prescribed statute of limitations has passed.
Frequently asked questions
If an enterprise does not have registered labor regulations, can it be disciplined? Very risky. Disciplinary action should be based on labor regulations registered with the competent authority — without valid internal regulations, it is difficult for businesses to prove the basis for disciplinary action according to the law.
How long is the statute of limitations for disciplinary action? The statute of limitations is calculated from the date of the violation, according to the time limit prescribed in current labor law - businesses need to handle it within this time limit.
Does Nhân Kiệt support consulting on labor discipline? Yes, within the scope of labor legalization and EOR services, Nhân Kiệt advises on legal disciplinary procedures, helping businesses minimize the risk of disputes.