5 notes when registering the labor rule from 2021

Labor regulations are documents issued by employers, comprising general and specific rules for each type of labor, violations of labor discipline, and measures for handling such behaviors.

Which businesses are required to register labor regulations?

According to the provisions in Article 118(1) of the 2019 Labor Code, employers must issue labor regulations if they employ 10 or more workers, and these regulations must be in writing.

Additionally, Article 119(1) of the same Code specifies that employers with 10 or more workers must register their labor regulations with the specialized labor agency under the provincial People’s Committee where the employer is registered for business.

Therefore, businesses employing 10 or more workers are obligated to register their labor regulations.

Main contents of labor regulations

Article 118 of the 2019 Labor Code lists the main contents of labor regulations as follows:

  • Working hours, break times;
  • Order at the workplace;
  • Occupational safety and hygiene;
  • Prevention of sexual harassment at the workplace, procedures for handling sexual harassment at the workplace;
  • Protection of property, trade secrets, intellectual property of the employer;
  • Temporary transfer of workers to different tasks than specified in the labor contract;
  • Violations of labor discipline by workers and forms of disciplinary action;
  • Material responsibilities;
  • Authorities responsible for handling labor discipline.

Notes:

  • The content of labor regulations must comply with labor laws and relevant legal provisions.
  • Before issuing or amending labor regulations, employers must consult the opinions of labor representatives at the grassroots level where such representation exists.
  • Labor regulations must be communicated to workers, and key information must be posted in necessary locations at the workplace.

Registration dossier for labor regulations

According to Article 120 of the Labor Code, the registration dossier for labor regulations includes:

  • A written request for labor regulations registration;
  • Labor regulations;
  • Written opinions from the labor representative organization at the grassroots level (if available);
  • Documents from the employer specifying disciplinary rules and material responsibilities (if applicable).

Procedure for registering labor regulations

To register, the employer follows the procedure:

Step 1. Submitting the dossier

Within 10 days from the issuance date of the labor regulations, the employer must submit the registration dossier to the labor authority under the provincial People’s Committee where the business is registered.

Step 2. Examination and acceptance by the competent authority

Within 7 working days from receiving the dossier, if the content of the labor regulations contradicts the law, the labor authority informs the employer, providing guidance on necessary amendments, additions, and re-registration.

Registration is a prerequisite for the legal effectiveness of labor regulations.

Note:

If the employer has branches, units, production facilities, or businesses located in different areas, they should send the registered labor regulations to the labor authority under the provincial People’s Committee where each branch, unit, or facility is located.

Effectiveness of labor regulations

Similar to the provisions in Article 122 of the 2012 Labor Code, labor regulations become effective 15 days after the competent state authority receives the complete registration dossier.

In cases where the employer employs fewer than 10 workers and issues labor regulations in writing, the effectiveness is determined by the employer within the labor regulations.

For further information, interested parties can contact MLT Lawyers at 0286.2727.987 or 0919.211.048, or via email: [email protected].

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