VI Labor discipline is an important content in labor regulations to ensure the maintenance of the relationship between employers (employers) and employees (employees) in each enterprise. So is it possible to discipline employees who violate workplace order by cutting wages? Through today’s article, let’s find out with Pham Consult
Can businesses cut employee salaries instead of disciplining employees who violate workplace order?
Pursuant to the provisions of Clause 2, Article 127 of the 2019 Labor Code, there are regulations on prohibited acts when handling labor discipline specifically as follows:
Prohibited acts when handling labor discipline
1. Violating the health, honor, life, reputation and dignity of workers.
2. Fines and salary cuts instead of labor disciplinary measures.
3. Discipline labor for employees whose violations are not specified in the internal labor regulations or not agreed upon in the concluded labor contract or not regulated by labor laws.
Accordingly, enterprises are not allowed to perform prohibited acts when handling labor discipline, including:
– Violating the health, honor, life, reputation and dignity of workers.
– Fines and salary cuts instead of labor disciplinary measures.
– Handling labor disciplinary actions against employees whose violations are not specified in the internal labor regulations or not agreed upon in the signed labor contract or not regulated by labor law.
Thus, according to regulations, businesses are not allowed to cut employee salaries instead of handling labor laws for employees who violate workplace order.
In case an employee violates workplace order rules multiple times, the enterprise should establish a disciplinary council and consider disciplining the employee in accordance with regulations.
Is temporary suspension of work one of the forms of disciplinary action against employees who violate workplace order rules?
Pursuant to the provisions of Article 124 of the 2019 Labor Code, the disciplinary forms are as follows:
Forms of labor discipline handling
1. Reprimand.
2. Extend the salary increase period to no more than 6 months.
3. Demotion.
4. Dismissal.
According to the above regulations, there are 04 forms of labor discipline including:
– Reprimand.
– Extend the salary increase period to no more than 6 months.
– Dismissal.
– Dismissal.
Thus, the enterprise’s temporary suspension of work is not considered to be applying labor discipline to employees who violate workplace order rules.
Can an enterprise combine multiple forms of labor discipline for an employee’s violation?
Pursuant to Clause 2, Article 122 of the 2019 Labor Code, it stipulates the principles, order and procedures for handling labor discipline as follows:
Principles, order and procedures for handling labor discipline
1. Labor discipline handling is regulated as follows:
a) The employer must prove the employee’s fault;
b) There must be the participation of the employee representative organization at the facility of which the employee being disciplined is a member;
c) The employee must be present and has the right to defend himself or ask a lawyer or employee representative organization to defend him; In case of a person under 15 years old, there must be the participation of a legal representative;
d) Labor disciplinary action must be recorded in minutes.
2. Do not apply multiple forms of labor discipline for a violation of labor discipline.
3. When an employee simultaneously commits multiple violations of labor discipline, only the highest form of discipline corresponding to the most serious violation will be applied.
4. Labor disciplinary action shall not be taken against employees during the following periods:
a) Sickness and convalescence leave; Leave work with the consent of the employer;
b) Being detained or detained;
c) Waiting for the results of the competent authority to investigate, verify and conclude the violations specified in Clauses 1 and 2, Article 125 of this Code;
d) Pregnant female employees; Employees taking maternity leave or raising children under 12 months old.
5. Do not take labor disciplinary action against employees who violate labor discipline while suffering from mental illness or another illness that causes them to lose their cognitive ability or ability to control their behavior.
6. The Government regulates the order and procedures for handling labor discipline.
Thus, according to this regulation, businesses are not allowed to apply multiple disciplinary measures in combination for an employee’s violation of rules on order in the workplace.
Disciplinary action against employees must comply with the principles specified above.
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