To ensure discipline in enterprises, it is necessary to establish and register internal labor regulations, which include a comprehensive list of violations and corresponding punishments. The internal labor regulations are the constraints that contribute to the normalization of behavior and relationships in an enterprise. So how are the internal labor regulations regulated? Let's find out from this article below.
1. What are the internal labor regulations?
The internal labor regulations are a document issued by employers to regulate the behavior rules that its employees have the responsibility to oblige when engaging in an employment relationship, as well as the disciplinary measures, methods of handling and material liabilities. Internal labor regulations are not only necessary for employers but also have a practical meaning for employees itself.
2. Why do enterprises need to have the internal labor regulations?
- The internal labor regulations are set up to ensure order in the enterprises because it is the legal basis for employers to establish labor discipline and disciplinary measures. The internal labor regulation is the expression of employers’ will and methods of managing labor.
- The internal labor regulations are a document expressing enterprises’ will so that when there are disputes, employers could handle them, avoiding the unsatisfactory circumstances that affect the related parties’ interests . At the same time, it is the legal basis for the application of appropriate punishment forms, such as dismissals, claims for compensation, reductions in salaries and employee transfers.
3. The administrative penalty for not registering the internal labor regulations?
If an enterprise employs 10 or more employees, such an enterprise has to register the internal labor regulations. If these enterprises do not register the internal labor regulations in accordance with the provisions of the law, they shall be punished pursuant to Point a, Clause 2, Article 19 of Decree No. 12/2022/ND-CP, as follows: Fine from 5.000.000 VND to 10.000.000 VND for employers who have committed one of the following acts: No written internal labor regulations when employing 10 or more employees.
However, the above penalty is the penalty imposed on an individual. The penalty amount imposed on an organization shall be as twice (Clause 1 Article 6 of this Decree).
4. Which enterprises are required to register the internal labor regulations?
As mentioned above, pursuant to Clause 1, Article 119 of the Labor Code 2019, namely:
- Employers employing 10 or more employees must register their internal labor regulations with the specialized labor agency of the provincial People’s Committee where such employers registered their business.
Thus, if an enterprise employs 10 or more employees, it will have to register the internal labor regulations.
5. Contents of the internal labor regulations.
The internal labor regulations must specify the violations corresponding to each disciplinary measure. Otherwise, the company will not be able to enact disciplinary measures on employees. In accordance with Decree No. 145/2020/ND-CP, the internal labor regulations include the following nine (09) main contents:
1. Working time, rest time;
2. Order in the workplace: scope of work, movement during working hours; culture of behavior, clothing; and observance of work allocation and mobility of employers;
3. Safety and hygiene in the workplace;
4. Prevention of sexual harassment in the workplace; and procedures and processes for dealing with sexual harassment behaviors in such a place;
5. Protection of properties and business secrets, and technological secrets and intellectual property of employers;
6. Cases of temporary transfer of a employee to a job other than what is listed in the labor contract;
7. Behaviors violating the labor discipline and disciplinary measures; specific regulations on behaviors violating the labor disciplines; and disciplinary measures corresponding to such violations;
8. Material liabilities: specified cases of compensation for damages resulting from damage to instruments and equipment or behavior causing damage to assets; loss of instruments, equipment or assets, or excessive consumption of supplies; the amount of compensation corresponding to the level of damage; or a person with authority to handle the damage compensations;
9. Persons with authority to handle disciplinary measures: persons with authority to enter into labor contracts on behalf of the employer pursuant to Clause 3 of Article 18 of the Labor Code or persons specified in the labor regulations.
6. Procedure for registration of labor regulations
6.1. Dossier for the registration of labor regulations.
The dossier for the registration of labor regulations pursuant to Article 120 of the Labor Code 2019. Specifically:
- Proposal for registration of labor regulations.;
- Labor regulations;
- Written comments of the workers' representative organization at the facility for the place that has the workers' representative organization at the facility;
- Employer texts with regulations relating to labor discipline and material liability (if any).
6.2. Procedure for registration of labor regulations.
The procedures for registration of labor regulations are specified in Article 119 of the Labor Code 2019, namely:
Step 1: Within 10 days from the date of issuance of the labor regulations, the employer must submit the registration of the labor regulations.
Step 2: Within 7 working days from the date of receipt of the dossier for registration of labor regulations, if the contents of the labor regulations are contrary to the law, the labor specialized agency of the provincial People's Committee shall notify and direct the employer to amend, supplement, and re-register.
7. After how long will the labor regulations come into force?
Pursuant to Article 121 of the Labor Code 2019, the validity of the labor code is as follows: The labor code shall come into force 15 days after the date on which the competent state authority pursuant to Article 119 of this Code receives the full registration dossier of the labor regulations.
8. Answering questions about labor regulations
8.1. Do I have to re-register to amend the labor regulations?
Paragraph 3 of Article 119 of the Labour Code stipulates: Within 7 working days from the date of receipt of the dossier for registration of labor regulations, if the contents of the labor regulations are contrary to the law, the labor specialized agency of the provincial People's Committee shall notify and direct the employer to amend, supplement, and re-register. Thus, in the case of amendments to the provisions of the labor regulations that are unlawful, then re-registering is needed.
8.2 Should an enterprise with only 12 employees have labor regulations?
Pursuant to Clause 1 of Article 119 of the Labor Code 2019, specifically:
1. Employers employing 10 or more workers must register their labor regulations with the specialized labor agency of the provincial People’s Committee where the employer registered the business.
Thus, this enterprise employs 10 or more workers and must register the labor regulations.
8.3 Does the company need to join a trade union before registering the labor regulations?
Pursuant to Article 6, Clause 1, of the Law on Trade Unions 2012, which regulates the principles of the organization and functioning of trade unions, the trade union shall be established on a voluntary basis, organized, and operating in a democratic manner. Therefore, it is not necessary to form a trade union prior to the registration of the labor regulations.
9. Labor regulations consultancy service.
Currently, there are many law firms and law offices on the market that provide consulting services on labor regulations. Among them, NPLAW is a highly experienced company with dedicated, professional staff. The company is always ready to advise and provide solutions for customers to choose a way to save time and money.
Services at NPLAW when conducting consultation on specific labor regulations are as follows:
- Consulting clients with information related to labor law and labor regulations
- Consulting the basic content of the labor regulations
- Counseling, refinement of labor regulations.
- Supporting problems arising during the implementation of labor regulations.
Here's an informative response to the labor regulations that NPLAW sent to fellow readers. If fellow readers have any concerns that need further answers, please contact NPLAW at the following contact details:
