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Guidelines for Drafting and Registering Labor Regulations in Vietnam. Labor regulations are documents issued by the employer that include conduct rules employees must follow in the employment relationship, disciplinary actions for violations, and the corresponding responsibilities of employees. This article aims to guide you on how to draft and register labor regulations with the competent state authority.
Essential Contents of Labor Regulations in Vietnam
Labor regulations in Vietnam drafted by the employer must not conflict with labor laws and other relevant legal regulations. In addition, the labor regulations must include the following key contents:
1/ Working hours and rest periods:
The labor regulations must specify:
– Regular working hours per day and per week.
– Work shifts, including the start and end times of each shift.
– Overtime work (if applicable) and overtime work in special cases.
– Break times outside of the regular breaks and shift transitions.
– Weekly days off, annual leave, personal leave, and unpaid leave.
2/ Order at the workplace:
The labor regulations must clearly define the employee’s work area, movement during working hours, workplace behavior, and dress code. They must also outline the employee’s obligation to follow the employer’s assignments and instructions.
3/ Occupational Safety and Hygiene
At the workplace, employees are responsible for:
– Complying with regulations, internal rules, procedures, and measures related to occupational safety, hygiene, and fire prevention, as issued by the employer and according to the law.
– Using and maintaining personal protective equipment and ensuring safety and hygiene at the workplace.
– Ensuring cleanliness, decontamination, and disinfection in the workplace.
4/ Prevention of Sexual Harassment in the Workplace, Procedures for Handling Sexual Harassment
– Establish strict prohibitions on any form of sexual harassment in the workplace.
– Provide detailed and specific definitions of behaviors considered sexual harassment in the workplace.
– Specify responsibilities, timelines, and procedures for handling sexual harassment incidents, as well as for complaints and accusations.
– Outline disciplinary measures for those who commit sexual harassment or make false accusations, corresponding to the nature and severity of each violation.
– Establish compensation for victims and measures to mitigate the consequences.
– The employer’s regulations on complaints and accusations must ensure principles of promptness, timeliness, and protection of the dignity, reputation, and safety of victims, complainants, and the accused.
5/ Protection of Assets and Trade Secrets, Technological Secrets, and Intellectual Property of the Employer
The employer must specify:
– The list of assets, documents, technological secrets, trade secrets, and intellectual property.
– Responsibilities for protection and measures applied to safeguard these assets and secrets.
– Acts of infringement on assets, documents, technological secrets, trade secrets, and intellectual property.
6/ Cases Where Employees May Be Temporarily Reassigned to Different Jobs from Their Employment Contract
The employer must clearly specify in the labor regulations the cases that are considered necessary for business or production needs, in which the employee may be temporarily reassigned to a job different from the one stated in the employment contract.
7/ Disciplinary Violations by Employees and Disciplinary Measures
The employer must clearly define in the labor regulations the acts that constitute disciplinary violations and the corresponding disciplinary measures for each violation.
8/ Material Responsibility
The labor regulations must specify:
– Cases in which compensation for damage is required due to the employee damaging tools, equipment, or causing property loss.
– Cases in which compensation is required for the loss of tools, equipment, property, or excessive consumption of materials beyond the allowed limit.
– Compensation amounts corresponding to the level of damage.
– The person authorized to handle damage compensation.
9/ Person Authorized to Handle Labor Discipline
The labor regulations must define the title of the person authorized to handle labor discipline. This person is authorized to represent the employer in signing employment contracts or as specifically defined in the labor regulations.
Effectiveness of Labor Regulations in Vietnam
1/ For employers with fewer than 10 employees
In this case, if the employer issues written labor regulations, the employer decides the effective date of the labor regulations and must specify it clearly in the document.
2/ For employers with 10 or more employees
After drafting the labor regulations, the employer must send them to the employees’ representative organization at the workplace for feedback. The employees’ representative organization must return their written comments on the labor regulations to the employer.
Based on the feedback from the employees’ representative organization, the employer should revise and amend any content in the labor regulations that is inappropriate or not in compliance with the law.
The employer must submit the labor regulations for registration to the competent state authority, and the regulations will take effect 15 days after the authority receives a complete and valid registration dossier.
The employer must also send the labor regulations to the employees’ representative organization at the workplace, notify all employees in the company, and post the essential content of the regulations at the workplace.
Which Businesses Need to Register Labor Regulations in Vietnam?
Employers are required to issue labor regulations.
If the employer has 10 or more employees, the labor regulations must be in writing and registered with the labor department under the provincial People’s Committee where the employer is registered for business.
If the employer has fewer than 10 employees, they are not required to issue written labor regulations. However, the employer must agree on the content regarding labor discipline and material responsibility in the employment contract signed with the employees.
Labor Regulations Registration Dossier in Vietnam
The labor regulations registration dossier in Vietnam includes the following documents:
1/ A written request for registration of labor regulations.
2/ The labor regulations.
3/ A written opinion from the employees’ representative organization at the workplace (if applicable).
4/ Any documents issued by the employer related to labor discipline and material responsibility (if applicable).
Procedures for Registering Labor Regulations in Vietnam
1/ Competent Authorities:
– The labor department under the provincial People’s Committee or the labor department under the district People’s Committee (if authorized by the provincial labor department) where the employer is registered for business.
– If the employer has branches, units, or production and business establishments located in different areas, the employer must send the registered labor regulations to the labor department under the provincial People’s Committee where each branch, unit, or establishment is located.
2/ Procedure:
– Step 1: Within 10 days from the date of issuing the labor regulations, the employer must prepare and submit the required dossier to the competent state authority.
– Step 2: Within 7 working days from the receipt of the labor regulations registration dossier, if the competent authority finds any regulations that violate the law, they will notify and guide the employer to amend, supplement, and re-register the labor regulations.
– If no feedback is provided by the competent authority within 15 days of the employer submitting the complete registration dossier, the labor regulations will automatically take effect.
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