Question:
Our company has issued labor regulations but has not registered them with the Department of Labor, Invalids, and Social Affairs. Can these regulations serve as a basis for disciplining employees? If not, what steps must the company take to legalize these regulations?
Answer:
According to Articles 118 and 119 of the 2019 Labor Code, the following provisions apply:
Companies must issue labor regulations. If a company employs 10 or more workers, the labor regulations must be documented in writing.
Companies with 10 or more employees must register their labor regulations with the labor management agency under the provincial People's Committee where the company is registered.
Therefore, not all companies are required to register their labor regulations. Only companies with 10 or more employees are obligated to register the regulations with the competent authority.
Case 1: Companies with fewer than 10 employees
According to Article 121 of the 2019 Labor Code:
“If an employer with fewer than 10 employees issues written labor regulations, the effectiveness of such regulations is determined by the employer as stated in the regulations.”
Thus, in this case, the validity of the labor regulations depends on the company's decision outlined within the document. If valid, the regulations can serve as a basis for disciplining employees.
Case 2: Companies with 10 or more employees
Under Article 119 of the 2019 Labor Code, companies with 10 or more employees must register their labor regulations with the labor management agency under the provincial People's Committee where the company is registered.
Failure to comply with the registration requirement means the labor regulations cannot be used as a basis for disciplinary action. Additionally, the company may face fines ranging from VND 5,000,000 to 10,000,000 for individuals, and from VND 10,000,000 to 20,000,000 for organizations, as stipulated in Point b, Clause 2, Article 19 of Decree No. 12/2022/ND-CP and Clause 1, Article 6 of the same decree.
Steps to Legalize Labor Regulations:
Step 1: The company must prepare the necessary documentation as prescribed by law and submit it to the provincial labor management agency where the company is registered.
Step 2:The provincial labor management agency will issue a confirmation of receipt of the registration documents to the employer.
Step 3: Within 7 working days, if the labor regulations are found to contain provisions that contravene the law, the provincial labor management agency will issue a written notice and guide the employer to amend, supplement, and re-register the labor regulations.
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