AN LUAT VIETNAM COMPANY LIMITED
An Law Viet Nam Company Limited

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AN LUAT VIETNAM COMPANY LIMITED
An Law Viet Nam Company Limited
Labor Consulting

Building Company Internal Regulations

Any enterprise consisting of more than 10 employees is mandatory to register Company Regulations at the Department of Labor, Invalids and Social Affairs where the business headquarters is located. The Company Regulation is an extremely important document in managing employees, especially employment discipline.

Company internal regulation: is a document consisting of enterprise regulation about discipline, safety, security while working.

Relevant legal documents:

  1. Law on Labor 2019
  2. Decision 145/2020/NĐ-CP orient Law on Labor about working conditions and labor relationship 

Clauses need to be included in Company Regulations:

  1. Working hours, resting hours: Enterprise must specific about working hours on 01 day, in 01 week; working shift; starting time, ending time of working shift; overtime (if any); overtime in special situations (as prescribed in clause 108 of Law on Labor); other resting time besides resting time between shifts, in the middle of shifts; annual leave, weekly off, personal leave, unpaid leave;
  2. Order in the workplace: Specifies the working areas, movement during working hours, behavior, dress code; Following the assignment and mobilization of the employer.
  3. Safety and sanitary in the workplace: Defines responsibilities for complying with safety and sanitary regulations; fire prevention; use and preserve personal protective equipment, safety equipment, and hygiene in the workplace.
  4. Prevention of Sexual Harassment in the Workplace: The processes for handling sexual harassment at the workplace shall be set by the employer.
  5. Protection of Property and Business Secrets, Technology Secrets, Intellectual Property: regulate the list of assets, documents, technological secrets, commercial secrets, and intellectual property; duties and procedures used to preserve assets and secrets.
  6. Temporary Job Transfer: Covers cases when employees are temporarily assigned to work different from the labor contract.
  7. Violations of labor discipline by employees and forms of handling: Details specific violations of labor discipline; Forms of labor discipline corresponding to the violation;
  8. Material Responsibility: Establish cases for compensating damages caused by damaging tools, equipment, or activities that cause property damage; Specify the compensation amount corresponding to the level of damage; designate the authority responsible for handling compensation.
  9. Authorized Personnel for Labor Discipline: may include specific provisions in the labor regulations.

Procedure for Registering Labor Regulations:

  1. Obtaining Employee Opinions:
    • The business needs to organize a conversation to gather employee opinions on the content of labor regulations. The process and participants should follow the company’s democratic regulations (refer to Decree 145/2020/NĐ-CP)
    • The business must also consult the opinions of the grassroots labor representative organization (trade union) on the content of labor regulations.
  2. Submitting Documents:

Within 10 days from the issuance date of the labor regulations, the business applies for labor regulations registration to the Department of Labor, War Invalids, and Social Affairs. The application includes:

    • The written request for registration of labor regulations;
    • Labor regulations;
    • Written comments from the trade union;
    • Enterprise documents containing regulations related to labor discipline and material responsibility (if any).
    • Within 7 working days from the date of receiving the application, the receiving agency will provide feedback to the company. If the regulations have illegal points, the enterprise will be instructed to re-register.
    • If the enterprise has branches, units, or production and business facilities in different locations, send the registered labor regulations to the Department of Labor, War Invalids, and Social Affairs at the location of the branch, unit, production facility, or business.
    • Effectiveness: Labor regulations take effect 15 days from the date the competent state agency receives a complete application for labor regulations registration.

The content of labor regulations is crucial, especially provisions related to labor discipline and material responsibility. These are the main bases for the company to force employees in terms of discipline when working at the office/factory. Therefore, the company needs to accurately predict various situations that may occur and establish appropriate regulations.
Additionally, compared to previous regulations, the current labor regulations include two new things: provisions on preventing sexual harassment and cases that the employer is allowed to reassign employees to perform work different from the labor contract. Ignoring these contents may lead to operational problems and legal issues during labor inspections.
Should you have any questions or concerns, feel free to contact An Luật Việt Nam. Our company, with experienced lawyers and consultants, will guide you in building and perfecting your labor regulations, ensuring legal compliance and legal benefits for all your activities.