Labor regulations are a critical set of rules and principles established by employers for application within their enterprises or organizations. These regulations serve to inform employees of the expected compliance standards, as well as the prohibited or restricted behaviors. Therefore, beside labor contract, labor regulation plays an vital roles in working environment of workers in Vietnam. When developing comprehensive labor regulations, it is essential to carefully consider the various provisions required by current legal statutes. In the following article, Viet An Law will provide advisory guidance on the basic terms of labor regulations in Vietnam that parties should be incorporated into to ensure full legal compliance.
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Overview of labor regulations in Vietnam
Subjects obligated to issuance:
Employee issues
Consult with an employee representative
Formation: Written regulation with 10 employees or more
According to Clause 2, Article 118 of the Labor Code 2019 and Clause 2, Article 69 of Decree 145/2020/ND-CP, labor regulations include the following basic provisions:
Working time, rest time
Regulations on working hours and rest times include several contents:
Normal working hours per day, per week; shift;
Start time and end time of work shift;
Overtime (if any); overtime in special cases;
Timing of breaks other than half-time;
Shift break; weekly day off; annual leave, personal leave, unpaid leave;…
Order in the workplace
Regulations on working scope and travel during working hours;
Cultural behavior and costumes;
Comply with the employer’s assignment and mobilization;
Safety and hygiene in the workplace
Regulations on responsibility for compliance with regulations, rules, procedures, and measures to ensure labor safety, hygiene, fire and explosion prevention;
Use and preserve personal protective equipment and equipment to ensure safety and occupational hygiene at the workplace;
Cleaning, decontamination, and disinfection in the workplace;
Regulations on preventing and combating sexual harassment in the workplace
Employers regulate the prevention and combat of sexual harassment according to the provisions of Article 85 of Decree 145/2020/ND-CP, specifically:
Sexual harassment in the workplace is strictly prohibited;
Detailed and specific regulations on sexual harassment in the workplace appropriate to the nature and characteristics of the job and workplace;
Responsibilities, deadlines, order, and internal handling procedures for sexual harassment in the workplace, including responsibilities, deadlines, order, and procedures for complaints, denunciations, and resolution complaints, denunciations, and relevant regulations;
Forms of labor discipline for those who commit sexual harassment or those who make false accusations correspond to the nature and extent of the violation;
Compensation for victims and remedial measures.
Protection of business secrets, know-how, and IP assets of the employer
Regulations on the list of assets, documents, technological secrets, know-how, and intellectual property; responsibilities and measures applied to protect assets and secrets; infringement of property and confidentiality.
Regulations on labor discipline handling
Note on the authority to handle labor discipline: the employer has the authority to enter into labor contracts, including the person specifically specified in the labor regulations or the person specified in Article 18.3 of the Labor Code includes:
Legal representative of the enterprise or authorized person;
The head of an agency or organization with legal status or authorized person;
Representatives of households, cooperative groups, and other organizations without legal status or authorized persons;
Individuals directly employing workers.
Material responsibility
Regulations on cases in which compensation must be paid due to damaging tools, equipment, or acts causing property damage; due to loss of tools, equipment, assets, or excessive consumption of materials;
The level of compensation corresponds to the level of damage;
Person with authority to handle compensation for damages.
Some notes on the basic terms of labor regulations in Vietnam
The employer’s regulations on preventing and combating sexual harassment are included in the labor regulations or an appendix issued with the labor regulations.
In case an employee is temporarily transferred to a job different from the labor contract, the labor regulations need to specifically stipulate cases where due to production and business needs, the employee can be temporarily transferred to a job different from the contract with the labor contract as prescribed in Clause 1, Article 29 of the Labor Code
In addition to the above basic terms, the employer may develop other terms but the terms must not be contrary to labor laws and relevant legal provisions.
Some related questions about registering labor regulations in Vietnam
If a business has less than 10 employees, does it need to register labor regulations?
In case of employing less than 10 employees, it is not mandatory to issue written labor regulations and do not have to register labor regulations, but must agree on the content of labor discipline and material responsibilities in the labor contract.
Do labor regulations have to be posted at the workplace?
After being promulgated, labor regulations must be sent to each employee representative organization at the facility (if any) and notified to all employees, and at the same time the main content at necessary places at the workplace.
Will not having labor regulations or not registering labor regulations be punished?
According to Clause 2, Article 19 of Decree 12/2022/ND-CP, the employer does not have written labor regulations when employing 10 or more employees or does not register labor regulations according to regulations. prescribed by law, they may be subject to administrative penalties with a fine from 5,000,000 VND to 10,000,000 VND (fine for individuals). If the employer is an organization, the fine applied will be doubled.
Advise businesses on contract termination procedures and labor disciplinary procedures;
Representing clients to protect their rights and resolve labor disputes;
Regular labor legal advice for businesses.
If you have questions or need advice on legal services related to labor regulations as well as other labor legal issues, please contact Viet An Law for the best support!
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