Labor regulations are a document issued by the employer, stipulating mandatory rules of conduct that employees must comply with when participating in labor relations.
TLT LEGAL LLC – VIETNAM BAR FEDERATION
Legal ground:
- Labor Code 2019;
- Decree No. 12/2022/ND-CP.
These regulations include regulations on working hours, rest, order in the workplace, occupational safety and hygiene, and violations of labor discipline along with handling methods.
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Contents of labor regulations
Labor regulations usually include the following main contents:
- Working hours, rest: Regulations on working hours, lunch breaks, weekly days off, holidays, Tet.
- Order in the workplace: Regulations on behavior, dress, working style.
- Occupational safety and hygiene: Regulations on the use of protective equipment, personal hygiene and working environment.
- Prevention and control of sexual harassment: Regulations on acts of sexual harassment and how to handle them.
- Protection of assets and technological secrets: Regulations on the protection of company assets and information security.
- Job transfer: Regulations on the temporary transfer of employees to other jobs.
- Handling of disciplinary violations: Regulations on acts of disciplinary violations and forms of handling.
- Material responsibility: Regulations on liability for compensation for material damage.
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Regulations on registration of labor regulations
Articles 118 and 119 of the Labor Code 2019, companies with 10 or more employees must register labor regulations with the specialized labor agency under the People’s Committee of the province where the company registers its business. The registration process includes:
- Issuing labor regulations: The company must issue written labor regulations.
- Submitting registration documents: Within 10 days from the date of issuance of labor regulations, the company must submit the labor regulations registration documents to the competent state agency.
- Effectiveness of labor regulations: Labor regulations will take effect after 15 days from the date the state agency receives the complete registration documents.
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Penalty for not registering labor regulations
Pursuant to Clause 1, Article 6 and Clause 2, Article 19 of Decree No. 12/2022/ND-CP, the penalty for not registering labor regulations is prescribed as follows:
- For individuals: Fine from VND 5,000,000 to VND 10,000,000.
- For organizations: Fine from VND 10,000,000 to VND 20,000,000.
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Conclusion
Registering labor regulations is mandatory for companies with 10 or more employees. This not only helps maintain order in the workplace but also ensures the rights of both employees and employers. To avoid administrative penalties and ensure smooth company operations, companies need to comply with regulations on registering labor regulations.