Labor regulations are the rules of conduct of an enterprise based on the spirit of labor law. Labor regulations have great significance in labor management and labor discipline, contributing to protecting the legal rights and interests of employees when participating in labor relations. To assist clients in developing and registering labor regulations at competent state agencies quickly and conveniently, the following article will present the basic contents of the review labor regulations service in Vietnam.
Labor Code 2019;
Decree 145/2020/ND-CP guiding the Labor Code on working conditions and labor relations.
Labor regulations in Vietnam
What are labor regulations?
Labor regulations are documents issued by the employer regulating the requirements placed on employees in compliance with time, technology production, and business management of the employer.
Labor regulations have a vital role in labor management and labor discipline, contributing to protecting the legal rights and interests of employees when participating in labor relations. The promulgation of labor regulations aims to maintain order in the enterprise and is the basis for effectively doing all business activities. This is also a basis for businesses to establish labor discipline and handle violations that occur.
Why is it necessary to issue labor regulations?
According to Clause 1, Article 69 of Decree 145/2020/ND-CP guiding the Labor Code on working conditions and labor relations, employers must issue internal labor regulations, if having 10 or more employees, the labor regulations must be in writing. If having less than 10 employees, it is not required to issue written labor regulations but must agree on the content of labor discipline and material responsibility in the labor contract.
Thus, when employing 10 or more employees, it is mandatory to register labor regulations.
Principles for promulgating internal labor regulations
Clause 2, Article 118 of the Labor Code 2019 stipulates that the content of labor regulations must not be contrary to labor laws and other relevant legal provisions.
Before issuing labor regulations, the employer must consult with the employee representative organization at the unit level. This has been specified in Clause 3, Article 69 of Decree 145/2020/ND-CP, before issuing labor regulations or amending and supplementing labor regulations, employers must consult with the employer. Opinions of the representative organization of workers at the unit level for the place where there is a representative organization of workers at the unit level.
In addition, after promulgation, the labor regulations must be sent to each employee representative organization at the unit (if any), notified to all employees, and posted the main content in the workplaces.
Content of labor regulations
The content of labor regulations must not be contrary to labor laws and relevant legal regulations. According to Clause 2, Article 69 of Decree 145/2020/ND-CP, labor regulations in Vietnam include the following main contents:
Working hours and rest hours: regulate normal working hours per day and per week; shift; start 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 at the workplace: regulations on working scope and travel during working hours; cultural behavior and costumes; compliance with the employer’s assignment and mobilization;
Occupational safety and hygiene at the workplace: responsibility to comply with regulations, rules, procedures, and measures to ensure occupational safety, hygiene, fire, and explosion prevention; Use and preserve personal protective equipment and equipment to ensure safety and occupational hygiene in the workplace; cleaning, decontamination, and disinfection in the workplace;
Preventing and combating sexual harassment in the workplace; Order and procedures for handling sexual harassment in the workplace: the employer shall regulate the prevention and combat of sexual harassment;
Protect assets of the employer: regulate the list of assets, documents, know-how, business secrets, and intellectual property; responsibilities and measures applied to protect assets and secrets; acts of violating property and secrets;
Cases of temporary transfer of employees to jobs other than the labor contract: specify cases where due to production and business needs, employees are temporarily transferred to jobs other than the labor contract. according to the provisions of Clause 1, Article 29 of the Labor Code;
Violations of labor discipline by employees and forms of labor discipline handling: specific regulations on violations of labor discipline; Forms of labor discipline corresponding to the violation;
Material responsibility: regulates cases where compensation must be made for damage to 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; authority to handle compensation for damage;
Person with authority to handle labor discipline: a person with authority to conclude labor contracts on the employer’s side specified in Clause 3, Article 18 of the Labor Code or a person specifically specified in the labor regulations.
Procedures for registering labor regulations
According to Article 119 of the Labor Code 2019, the procedure for registering labor regulations is prescribed as follows:
Within 10 days from the date of issuance of labor regulations, the employer must submit an application for registration of labor regulations including:
Written request for registration of labor regulations;
Written comments from the unit employee representative organization (if any);
The employer’s documents contain regulations related to labor discipline and material responsibility (if any).
Within 07 working days from the date of receiving the application for registration of labor regulations, if the content of the labor regulations contains provisions contrary to the law, the specialized labor agency under the Provincial People’s Committee shall notify, guide employers to amend, supplement, andre-register.
Employers with branches, units, production, and business establishments located in many different areas must send registered labor regulations to the specialized labor agency under the provincial People’s Committee where they are located. Set up branches, units, production, and business establishments.
Based on specific conditions, the specialized labor agency under the Provincial People’s Committee can authorize the specialized labor agency under the District People’s Committee to register labor regulations according to regulations.
Why is it necessary to review labor regulations?
Drafting labor regulations and registering labor regulations is not only a legal requirement but also has profound meaning and great importance in managing human resources and ensuring a healthy working environment. Labor regulations are an important legal basis for all businesses, because they set out specific regulations on the rights and obligations of employees, and are a tool for businesses to express their management rights.
To comply with the provisions of the Labor Code 2019 and Decree 145/2020/ND-CP, reviewing, updating, and drafting labor regulations has become even more urgent. The relationship between employees and employers at the enterprise needs to be standardized and specified in the enterprise’s labor regulations.
Understanding the needs of clients, Viet An Law Firm has built a service to support businesses in reviewing and adjusting labor regulations to meet the provisions of current Vietnamese law. Viet An Law Firm will simultaneously provide legal advice and opinions to adjust labor regulations in a strict, scientific, and consistent manner with business practice.
Review labor regulations service in Vietnam of Viet An Law
Consulting to help clients draft or directly draft labor regulations.
Review the drafted labor regulations,
Consulting on procedures for registering labor regulations.
Representing clients to register labor regulations.
Representing clients in working with competent authorities.
Clients who have needs related to drafting, reviewing, and editing labor regulations, please contact Viet An Law Firm for the best support.
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