WHEN CAN THE DISCIPLINARY MEASURE OF DISMISSAL BE APPLIED? (Part 3)
In the previous articles, TNTP discussed several important points regarding applying disciplinary dismissal. In this part, TNTP will continue to analyze and clarify the circumstances under which an employer has the right to apply dismissal as a disciplinary measure against an employee, specifically in two cases: (i) Employees who re-offend during the period when disciplinary action has not been cleaned, and (ii) Employees who voluntarily quit their jobs without valid reasons.
3. Employees who re-offend during the period when disciplinary action has not been cleaned
According to Article 125.3 of the 2019 Labor Code, one of the cases in which an employer is entitled to apply the disciplinary measure of dismissal to an employee is when the employee is disciplined by extending the salary increase period or being dismissed from office and re-offends during the period when the discipline has not been cleared.
An employee is determined to have committed a repeat offense when he or she repeats a violation that has been disciplined but has not yet been cleared. In particular, cases where an employee whose discipline has not been cleared but re-offends will be subject to disciplinary dismissal, including:
– An employee who commits a violation that is disciplined by reprimand, deferment of pay rise or demotion will have the previous violation absolved after 03 months, 06 months or 03 years, respectively from the day on which the disciplinary measure is imposed if he/she does not commit any violation against internal labor regulations.
– In case an employee who is disciplined with deferment of salary increase has completed half of the duration of the disciplinary measure and has demonstrated improvement, the employer may consider a remission.
4. Employees who voluntarily quit their jobs without valid reasons
According to Article 125.4 of the 2019 Labor Code, the employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.
Current labor law regulations also clarify cases that are considered legitimate reasons, including natural disasters, fires, illness of the individual or a relative, with confirmation from a competent medical examination and treatment facility, etc.
Note that in case the employee is not present at work without valid reasons for at least 05 consecutive working days or more, the employer has the right to unilaterally terminate the labor contract with the employee without prior notice as prescribed in Article 36.1.e of the 2019 Labor Code.
From the above analysis, it can be seen that the act of arbitrarily quitting the employee’s job is not only a basis for employers to apply the form of labor discipline, but in some cases, the employee also has the right to unilaterally terminate the labor contract. To ensure the legality and objectivity, the application of the form of discipline of labor dismissal should fully comply with the provisions of the labor law, and the employer needs to issue and enforce the labor rules publicly, clearly, and fairly to ensure the full rights of employees throughout the entire disciplinary process.
The above are TNTP’s legal insights regarding the circumstances under which an employer has the right to impose disciplinary dismissal. TNTP hopes that through this article, readers will gain a clearer understanding and be able to properly apply legal regulations in labor relations.
Sincerely,
TNTP and Associates International Law Firm
+84903503285
