How is dismissal different from unilateral termination of the labor contract?
Dismissal is a form of labor discipline, applicable only to serious violations specifically listed in the law and labor regulations (for example: theft, embezzlement, disclosure of business secrets, voluntary absence from work for many cumulative days without a legitimate reason...). Meanwhile, unilateral termination of the labor contract is the right of the employer based on other grounds such as restructuring, the employee regularly fails to complete the work according to the agreed criteria.
Grounds for dismissal need to be clearly proven
To fire legally, businesses need to prove: the violation belongs to the right group that is allowed to fire according to regulations, have sufficient evidence (minutes, cameras, witness confirmation), and comply with the correct order of handling labor discipline according to the 4 legal steps.
Risk of illegal dismissal
If declared illegally fired, the enterprise may have to: accept the employee back to work, pay for days not worked, pay social insurance - health insurance - unemployment insurance for that period, and compensate at least 2 additional months' salary according to the labor contract.
Steps to minimize risks before deciding to fire
- Review the registered labor regulations to clearly state whether this violation is subject to dismissal or not.
- Collect sufficient evidence before making a violation record.
- Implement correct and complete disciplinary procedures (notification, meeting, decision making within the statute of limitations).
- Consult legal opinions before issuing a dismissal decision in complex cases where the evidence is not very clear.
Frequently asked questions
How many days does it take for an employee to quit work without a reason to be fired? The law stipulates that the cumulative number of days of voluntary absence from work in a certain period of time without a legitimate reason is the basis for dismissal - businesses need to compare the correct timeline with current regulations before making a decision.
Is it possible to fire immediately upon discovery of violations without a meeting? No. No matter how obvious the violation is, the enterprise is still required to fully implement the disciplinary process, otherwise the dismissal decision may be declared invalid because of procedural errors.
Does Nhân Kiệt provide advice on handling complex dismissal cases? Yes, Nhân Kiệt supports process consulting, reviewing evidence and documents before businesses make decisions, helping to minimize the risk of future labor disputes.