Labour Discipline

1. An act of violation of labor discipline is subject to only one form of labor discipline

2. Violation of labor discipline shall not be handled in the following cases:

Sickness, nursing and leave are agreed by the employer

Being held in custody or detention

Wait for the results of the investigation

Female workers pregnant, maternity, male (female and female) child raising children under 12 months

The employee is mentally ill or unaware

Workers refuse, leave work … risk of occupational accidents

Employees prepare for or participate in strikes

3. Apply the highest form of discipline when there are multiple violations simultaneously

4. Must prove the fault of the employee

5. There must be participation of the central committee

6. There must be a meeting minutes

II. The prohibited behavior

1. Infringing the body and dignity of the employee

2. Fine or pay cut

3. Handling violations is not specified in the ILMP

III. Forms of handling KLLD

1. Reprimand

2. Prolonging the salary increase period not to exceed 6 months, dismissal

3. Dispose of

The current law only allows the employer to handle disciplinary action against the employee in the form of dismissal in the following cases:

Employee theft, embezzlement, gambling, intentional injury, drug use within the workplace, disclosure of business secrets, technology secrets, infringement of intellectual property rights of the employer, Acts that cause serious injury or threaten to cause particularly serious damage to the assets and interests of the employer;

Employees are disciplined to prolong the period of salary increase that recidivism during the period of disciplinary removal or disciplinary removal of the offender; and

Employees voluntarily discontinue their work for up to 5 business days within 30 days of the first voluntary leave or 20 days of accumulated work within 365 days from the first date of leaving without a major reason. bitter

IV. Deleting the discipline, decreasing the duration of the KL labor

1. Discipline if not recidivism

After 3 months if reprimanded;

After 6 months if the salary increase is prolonged; and

After 3 years if dismissed

2. Consider reducing the time limit if the employee has been prolonged the salary increase has been half of the time and repair progress.

V. Time of handling CL

1. It is a maximum of 6 months, counting from the date of the violation;

2. Up to 12 months in cases where the act of violation is directly related to the finance, property, disclosure of technological secrets or business secrets of the employer.

3. Prolongation but not exceeding 60 days from the expiry date of the following cases:

Sickness, nursing; Leave of absence approved by the employer; ‘

Being temporarily detained or detained;

Waiting for the results of the investigation, verification and conclusion of the authorities for theft, embezzlement, gambling, intentional injury or drug use within the workplace, Business secret, technological secrets, infringements of intellectual property rights of employers, committing acts of causing serious injury or threatening to cause particularly serious damage to property and interests of users; Employment;

4. The decision on the discipline of labor must be issued within the expiry of the duration of the labor accident certificate

FOR. Temporary suspension of work

1. Determine that this is the right of the employer

2. When the case involves complicated circumstances, it will be difficult to verify if the employee continues working

3. Consultation with the Central Secretariat

4. Suspension period: 15 days or 90 days (in special cases)

5. Advance payment of 50% of salary to the employee before the suspension

6. After the suspension:

Employees who are not employed by the labor force must get the employee back to work and pay full wages for the suspension

The employee is also not required to return his / her salary

VII. Consequences when labor law labor unlawful

1. For other forms of labor unions (excluding the form of dismissal), the decision on disciplining and rehabilitation of the employee shall be repealed.

2. In the case of dismissal: the employee must return to work and pay wages, social insurance, health insurance during the days the employee is not working and at least 02 months Salary according to labor contract. Handle situations when you do not want to continue working.

Employees do not want to continue to work, pay wages, social insurance, health insurance during the days the employee is not working, at least 02 months salary according to labor contract and pay severance allowance (if any)

Employer does not want to receive the employee and the employee agrees to pay wages, social insurance and health insurance during the days the employee is not working, at least 02 months salary based on labor contract and pay severance allowance (if any) Additional compensation but at least 2 months salary based on labor contract

If there is no position, the work has been signed in the labor contract but the employee still wants to work, pay the salary, social insurance, health insurance during the days the employee is not working, at least 02 months salary under the Labor Contract and Negotiations to modify , Supplement the labor contract

VIII. Process of labor export

Step 1: Prepare documents & tasks

Request the employee to make a statement of the facts of the incident and / or the employer has made a record of the incident that occurred with at least