CHAPTER VIII
Article 82.
1- Labour discipline is the mandatory observance of the time norms on, technology, and managements of production and business stipulated in the labour regulation.
The labour regulations must not contravene labour legislation and
other legislations. A business employing from ten labourers upward must a have a written
labour regulation.
2- Before publishing the labour regulation the labour user must
consult the Executive Committee of the local trade union at the business.
3- The labour user must register the labour regulation at the
provincial labour office. The labour regulation shall take effect from the day of its
registration. Within ten days at the latest of receiving the labour regulation, the labour
provincial labour office must issue a notice on the registration. If no notification is
received after this time limit the labour regulation shall automatically take effect.
Article 83.
I- A labour regulation must comprise the following essential points :
a/ The working time and the rest time;
b/ Order in the business;
c/ Labour safety, labour sanitation at the working places;
d/ Protection of property and technological and business secrets
of the business ;
e/ Acts in violation of the labour discipline, forms of
disciplinary measures and material responsibility.
2- The labour regulation must be notified to each person and its
main points must be posted up at the necessary places in the business.
Article 84.
1- A person who violates the labour discipline shall,
a/ Reprimand ;
b/ Transfer to another job with a lower pay for a maximum of six
months;
c/ Dismissal.
2- It is forbidden to use many disciplinary measures
Article 85.
I- Dismissal as a disciplinary measure can be applied only in the following circumstances.
a/ The Labourer has committed an act of theft, embezzlement or
disclosure of business and technological secrets or another act which causes serious
damage in property and other interests to the business.
b/ The Labourer who has been disciplined and transferred to a new
place now comits a new offence while the term of his sanction has not expired.
c/ The Labourer unwarrantedly absents himself from work for seven
days in a month or 20 days in a year .without plausible reason.
2- After dismissing the Labourer the Labour user must report the
dismissal to the provincial labour office.
Article 86:
The time limit for handling a case of violation of the
labour discipline is three months from the date of the violation and must not 'exceed six
months even in special cases.
Article 87.
1- When deciding on the disciplinary measure against the
violator of the labour discipline the labour user must demonstrate the offence of the
labourer.
2- The labourer has the right to defend himself or ask for the
defence from a solicitor, a people's defender or any other person.
3- When examining a case of violation of the labour discipline
there must be the presence of the concerned person and the participation of the
representative of the Executive Committee of the local trade union at the business.
4- The examination of a case of discipline against a violator of
the labour discipline must be put down in a
Article 88.
I- A violator of the labour discipline shall be automatically reinstated if he does not relapse after three months for a person subjected to reprimand and six months for a person transferred to another job from the day the sanction becomes effective.
2- A labourer who is disciplined by transfer to another job shall
be considered for reduction of sanction after having served half the term of the sanction
and showing progress in mending his ways.
Article 89.
The labourer who damages instruments or equipment or
otherwise causes damage in property to the
Article 90. The labourer who causes the loss of
tools, equipment or otherwise causes damage to the property of the business or causes the
consumption of materials to exceed the allowed level shall, depending on each case, pay
partial or full compensations at market prices. He shall make compensation according to
the responsibility contract if such a. contract has been signed. He shall have to make no
compensation in case of force majeure.
Article 91. The order and procedure in the
compensation for damages stipulated in Articles 89 and 90 shall apply as defined in
Articles 86 and 87 of this Code.
Article 92.
I- The labour user is entitled to temporarily suspend the work of
the Labourer if he finds that the violation involves complicated elements and that the
continuation of the labourer's work might cause difficulties to the inquiry. But this
suspension can be effected only after consultation with the Executive Committee of the
local trade union.
2- The temporary suspension of work shall not exceed 15 days and
even in special cases it shall not exceed three months. The Labourer is entitled to an
advance pay
After the period of temporary suspention the labourer
3- Even if the labourer is found guilty of a violation of the
labour discipline and is sanctioned, he shall not have to return the advance payment.
4- If the labourer is found not guilty the labour user must pay
him his full wages and subsidies during the period of the temporary suspension.
Article 93. If he finds that the penalty he
receives is not justified the labourer who is sanctioned for violation of labour
discipline, or who is subjected to temporary suspension of work or who is made to pay
compensations according to the system of material responsibility, is entitled to appeal to
the labour user, the authorized office or request the settlement of a labour dispute in
the order prescribed by law.
Article 94. If the authorized office concludes
that the decision of the labour user to discipline the labourer is unjustified the labour
user must annual the decision, publicly analogize to him, rehabilitate his honour and
restore all his material benefits.
National Institute of Labour Protection of Vietnam-CIS/ILO Collaborating Center
Address: No 1. Yet Kieu Tel:8.250129 - 8.222949 Fax:(84.4) 8.246752 Email: NILP@Netnam.org.vn; VIBHLD@Netnam.vn