Dismissal is the most severe form of discipline imposed by the employer on an employee who commits a serious violation of discipline. This is a form of discipline applied by the employer to the employee by unilaterally terminating the labor contract, forcing the employee to leave the job regardless of the validity of the labor contract. So the decision to dismiss legally wants to comply fully with what conditions?
Below are instructions on how to legally dismiss employees. Dismissal is the immediate termination of a labor contract. The company does not need to make a severance payment or give notice.
1. Cases of application of dismissal discipline
An employee can be dismissed if:
2. The process of firing employees legally
Companies wishing to take disciplinary action to dismiss lawfully shall do the following:
Step 1: Confirm the violation
When an employee is detected to have committed a labor discipline violation at the time of the violation, the employer shall make a record of the violation and notify the trade union organization; father, mother or legal representative if the employee is a person under 18 years of age.
Step 2: Hold a meeting to handle labor discipline
Enterprises organize meetings for disciplining in the following order:
Step 3: Issue a disciplinary decision
In order to make a decision on the labor discipline legally, it must be issued by a competent person and on time.
Issuing time: Within 06 months, counting from the date the violation occurs; If it is an act directly related to finance, property, business secrets or technology, it is 12 months.
Step 4: Publicly announce disciplinary decisions
Disciplinary decisions must be sent to employees, parents, or legal representatives of workers under 18 and organizations representing labor collectives.
Step 5: Pay salaries and return insurance payment to employees
The dismissed employee will still be paid the salary for the working days and return the insurance book as in the case of other contract termination. Whereby:
- Within 07 working days from the date of termination of the contract, the enterprise must make full payment related to employee rights, including wages for working days; in special cases may last but not more than 30 days.
3. Statute of limitations for disciplinary dismissal
The statute of limitations for handling a labor discipline is the time the employer is entitled to discipline the employee. Upon expiry of this period, the employee shall not be entitled to handle the discipline. According to current regulations, the statute of limitations for handling a dismissal discipline is 06 months from the date the act of violation is committed. If you do business, this period is 12 months.
When the statute of limitations is disciplined, the employer is not able to perform the discipline for the following reasons:
4. Cases must not dismiss employees
The employer must not take reasons for female employees to get married, pregnant, take maternity leave, raise children under 12 months of age to let employees leave their jobs and must not punish dismissed employees. For employees who are in the following time:
On the employee side, if the employee feels unreasonably fired and finds that the dismissal is against the law, the employee may:
In cases where the enterprise has been illegally fired or the employee has been laid off for a reason not in accordance with the law, it is extremely important to reclaim the right. Apolo Lawyers is a reliable law firm with the broad experience handling in this expertise, we believe to provide the client with a smooth process to resolve disputes in the shortest time.
More information can be found on the website: www.apolo.com.vn