Question:
My company is adjusting the process of handling violations of labor regulations, including applying a number of document templates as follows:
1.Coaching form: For light violations, a verbal warning is required.
2.Warning Letter: For medium level violations, a written warning is applie
3. Performance Improvement Plan: For more serious violations, apply demotion or delay salary increases
Can a lawyer help me advise whether these documents qualify as evidence to discipline/fire employees in the next steps?
Answer:
The above documents can only be applied to the Company to monitor internal human resource management, and do not serve as evidence to prove that the person has ever been subject to labor disciplinary action as a basis for considering the application of the salary level. Labor discipline is higher for subsequent violations.
According to the provisions of Article 70, Decree No. 145/2020/ND-CP of the Government guiding the Labor Code, labor discipline must be expressed through at least 2 documents: (i) Minutes of disciplinary meetings labor law and (ii) Labor disciplinary decisions.
These two documents fully demonstrate that labor discipline was carried out in accordance with the procedures prescribed by law and that the employee was legally disciplined.
If an employee is reminded or reprimanded orally (without a written document), it will not be considered an official form of labor discipline because there is not enough evidence to verify that the employee has ever been disciplined. .
For other forms of labor discipline, the Company is required to have all of the above two documents to prove that the employee has ever been subject to labor discipline.
Reference consultation: Labor Law Services
