banner

Lawyer VO ĐINH KHINH

(Ecolaw.vn) – When a employee (a staff) in a company gets breaches of discipline, how to handle it?

A supposed situation: a staff in the sales department of a company (called as A) surreptitiously supplied lists of customers to its competitive company. The staff's act is a breach of discipline, isn't it?.
 

When a staff (or a employee) breaches the labor of discipline (hereinafter called as the defender), his company needs handle it through a meeting for labor discipline. We may imagine this meeting like a hearing. Base on the result of this meeting, the employer will decide a measure for labor discipline in accordance with the laws on labor as: to blame, warn, dismiss from his current duties or fired.
 

To begin this meeting, in first, the company must collect evidences, documents relating to the case to set up a set of dossier called as : “the dossier for labor discipline”. It may be: the labor contract, the working minutes (in which have the statements of offender, witness), papers of the offender in which he describes and explains his breaches.
 

In the meeting, a representative of the company will present details of this case, give his point, conclude breaches of the offender.

The person must participate in the meeting - at least as follows:
 

+ The representative of employer who will chair the meeting , usually as the director, the vice director .
 

+ The representative of the executive board of labor union (if it is a large company).
 

+ The person concerned: as the offender and his lawyer (if any).
 

+ The person writing the meeting minutes.
 

+ The witness: knew or saw the matter.
 

Making the meeting in the sequences as follows:

1. The chairman will declare the reason, introduce the participating persons, the content and the purpose of the meeting.
 

2. The person concerned presents his point – may admit his breach or not.
 

3. The chairman ( may delegate to a lawyer or other person) presents evidences, documents able to to prove breaches of the employee.
 

4. The representative of the executive board of labor union (if any) will give out his comments, opinions and suggestions – basing upon the ensurance for legal rights and benefits of the employee.
 

5. The chairman will conclude and give out the measure for labor discipline.
 

6. In last, all persons read and sign the meeting minute.
 

--------------------------------------------------------
 

The legal handbook of Ecolaw is a intellectual property of the Ecolaw law firm. It should only be used as a reference document. The Ecolaw law firm is not responsible if you use it for other purposes.