How can a company that has not registered the labor regulations with the labor management agency handle the dismissal of an employee?

Legal ground:

• Labor Code 2019.

We have received the following question:

Hello TLT Legal, I would like to ask if my company has not registered the labor regulations with the District Labor Department, can the company dismiss an employee and according to what regulations?

Based on Article 125 of the Labor Code 2019 as follows:

Article 125. Application of disciplinary dismissal

Disciplinary dismissal is applied by the employer in the following cases:

1. The employee commits acts of theft, embezzlement, gambling, intentional injury, or drug use at the workplace;
2. Employees who disclose business secrets, technological secrets, infringe upon the intellectual property rights of the employer, commit acts that cause serious damage or threaten to cause particularly serious damage to the property or interests of the employer or sexually harass at the workplace as prescribed in the labor regulations;
3. Employees who are disciplined by extending the salary increase period or being dismissed from office and re-offend during the period when the discipline has not been removed. Re-offending is when an employee repeats a violation that has been disciplined but has not been removed according to the provisions of Article 126 of this Code;
4. Employees who voluntarily quit their jobs for 05 cumulative days within 30 days or 20 cumulative days within 365 days from the first day of voluntarily quitting their jobs without a valid reason.

Cases considered to have legitimate reasons include natural disasters, fires, illness of the employee or a relative with confirmation from a competent medical examination and treatment facility, and other cases specified in the labor regulations.

The above regulations specify 4 groups of cases that are conditions for a company to be allowed to discipline and dismiss employees. Even if the enterprise has written labor regulations and has registered them with a competent State agency, it must still comply with the 4 groups of conditions mentioned above.

In addition, according to the provisions of Clause 1, Article 119 of the Labor Code 2019, only enterprises with 10 or more employees are required to establish written labor regulations and carry out the procedure for registering labor regulations.

Therefore, if the enterprise does not have written labor regulations, or the regulations have not been registered, it can still handle disciplinary dismissal according to the provisions of Article 125 of the Labor Code 2019.