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Employer Doc. No.

NSRP Complex Project Rev. 0

Contractor Doc. No.


Title: Human Resource Management Plan Page 1 of 8
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Attachment 3

DISCIPLINARY ACTION POLICY

1. COMPLIANCE WITH LAWS AND REGULATION


Compliance with the Labor Code adopted by the National Assembly of Vietnam on 18/6/2012
(the “Labor Code”) and content
content of all pertinent laws and regulations that govern the conduct of
our business is of paramount importance to (Name of Comp
Company).. It is every Employee’s
Employee’s duty to
conduct business in stri
strict
ct compliance
compliance with all laws and regulations
regulations.. Non-compliance
Non compliance to laws and
regulations will be subject to disciplinary action.

2. CONCEPT OF PROGRESSIVE DISCIPLINE


Penalties range from reprimand to dismissal depending on the gravity of the offense and its
repercussions on the business and the stature of the Company
Company:

Reprimand (verbal or written warning to the Employee


Employee),, recorded in the Employee’s
Employee’s file

Extension of the period for suspend


suspending wage increase up to 6 months, or removing
removing from
his post
post,, in case the discipline offense is quite serious but not resulting to dismissal or
Employee commits a second offence within 3 months after getting a reprimand.

Dismissal
Dismissal,, in case the Employee commits a second offence within 6 months after being
disciplined of extension of the period for wage increase or within 03 years from being
removing
ing from his post,
post, or in cases stipulated in the Table of disciplinary punishme
punishment
and/or the Article 126 of the Vietnamese Labour Code
Code.

3. PRINCIBLES OF DISCIPLINARY MEASURES


The competent managers should follow strictly the following principles when conducting labour
disciplinary measures

Only one form of discipline shall be applied for each violation

In case Employee has more than one violation, the highest labour disciplinary action
shall be taken in corresponds with the most serious violation

When dealing with breach of labor discipline,


discipline, the following conducts shall be prohibited
prohibited: :
(i) physical violation to or infringement of the dignity of Employee;
Employee

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(ii) using the forms of imposing affine or reducing wages instead of dealing with
the breach of labor discipline; and
(iii) Dealing with an Employee for conduct in breach of labor discipline when such
conduct is not stipulated in these internal labor regulations.

4. DISCIPLINARY DISCHARGE
It is recognized that disciplinary actions are aimed to educate and provide opportunity for tthe
disciplined Employee to become a good member of the team rather than as a punishment. The
Company may therefore clear or grant leniency of a disciplinary action in consideration for the
remorse and rehabilitation of the disciplined Employee as follows:

4.1

A disciplined Employee will be automatically cleared of all disciplinary actions in case the
Employee has not committed any offense within three months following the date of the
reprimand; or within 6 months after being disciplined of extension of the period for wage
increase; or within 3 years after being removed from his/her position.

5. ORDER TO REIMBURSEMENT AND MATERIAL RESPONSIBILITIES


If the Employee has caused damage to the Company,
Company, the Company may order him to
reimburse all or part of such damage, within the limits
limits defined by the Labour Law:
5.1Staff
Staff who intentionally or irresponsibly causes
cause a damage to Company’s assets even though
having been instructed, guided and reminded already must compen
compensate
sate 100% of the value of
assets at the time of treatment according to market price. In case there is a liability agreement
entered into between the Employee and the Company, the Employee shall compensate the
Company for any lost and damages in accordance with such liability agreement.

5.2
Staff who has no intention to cause a damage to Company’s asset where the damage is not
serious, and the value of the damage does not exceed 10 months’ minimum area wage
stipulated by the Government applicable to the area of the Company, shall pay maximum of
compensate equivalent to 3 months’ wages of such Employee. The
he compensation amount shall
be deducted from the Employee’s salary for an amount of not exceed 30% of his/her salary after
deduction of personal income tax, premium payable for compulsory social insurance, health
insurance and unemployment insurance . No compensation is needed in case of force majeure
majeure.

6. PROHIBITED ACTS
Employee shall not commit any act which comes under the following items as the attached
table
table, or the Company shall take disciplinary measures as the Labour
Labour Law and these

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Regulations.

7. THE PROCEDURE OF THE GRIEVANCE AND DISCIPLINARY ACTION


The procedure of the grievance and disciplinary action must comply with the Labor Code and
the legal guiding documents thereof.
thereof

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THE TABLE OF DISCIPLINARY PUNISHMENT

1st 2nd 3rd 4th


1. Fraud, Dismissal
theft/embezzlement of the
Company
Company’s / otherher
Employee
Employee’’ /Company’s
Client
Client’ properties within
the workplace
2. Disclosure of technical
echnical Dismissal
/business secrets of the
Company
Company.

3. Threatening or Extension of the Dismissal in case


intimidating or frightening period for wage he commits the
superior /employer increase up to 6 offence again
/another Employee /the months/
months
Company
Company’s client removing from
his post
4. Bringing in and drinking Extension of the Dismissal in case
alcohol in the Company
Company’s period for wage he commits the
premises increase up to 6 offence again
months/
months
removing from
his post
5. Falsifying employment Reprimand by Extension of the Dismissal in case
application/time
application/timesheet
sheet written warning period for wage he commits the
/other
other Company’s records. increase up to 6 offence again
months/
months
removing from
his post if he
commits the
offence again
within 3 months
from the written
warning
6. Taking
aking narcotic drugs Dismissal
within
n the workplace :

7. Destruction or misuse of Dismissal


D if Dismissal in case
the Company
Company’s ’s property or serious damage he commits the
properties belonging to the assets of the offence again
other Employee’’ or the Company (not
Company
Company’s ’s guests. damaging the
Employees’ or
the company’s
guests); or
Extension of the
period for wage
increase up to 6
months/
months
removing from
his post

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8. Misusing positions for Extension of the Dismissal in case


personal gain. period for wage he commits the
increase up to 6 offtence again
months/
months
removing from
his post
9. Intentionally punching Reprimand by Extension of the Dismissal in case
other Employee’’ time written warning period for wage he commits the
cards or having one’s own increase up to 6 offence again
by other Employee
Employee. months/
months while being
removing from
his post if he
commits the
offence again
within 3 months
from the written
warning

10. Gambling in the Reprimand by Extension of the Dismissal in case


Company
Company’s
’s premises. written warning period for wage he commits the
increase up to 6 offtence again
months/
months
removing from
his post
11. Failure to record Reprimand by Reprimand by Reprimand by Extension of the
timesheet written warning written warning written warning period for wage
increase up to 6
months
months/
removing from
his postin
postin case
he commits crime
again within 3
months from the
issue of the 3 rd
written warning
12. Posting or distributing Reprimand by Reprimand by Extension of the
personal notices or printed written warning written warning period for wage
materials which are increase up to 6
nothing to do with the months/
Company
Company’s ’s management removing from
or operation in the his post if he
Company
Company’s ’s premises commits the
without permission. offence again
within 3 months
from the issue
of the 2d written
warning
13. Disobedience to business Reprimand by Reprimand by Extension of the Dismissal in case
instructions of superiors or written warning written warning period for wage he commits the
the employer. increase up to 6 offtence again
months/
removing from
his postin
in case
he commits the
offtence again
within 3 months

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Contractor Doc. No.


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from the issue of


the 2rd written
warning
14. Negligence to carry out Reprimand by Reprimand by Extension of the
duties. written warning written warning period for wage
increase
ase up to 6
months/
removing from
his postin
in case
he commits the
offence again
within 3 months
from the issue of
the 2 nd written
warning
15. Some acts that cause Dismissal
severe damage (VND
10,000,000 or more) to
the property and interests
of the Company on
purpose.
16. Taking or trying to take the Reprimand by Extension of the Dismissal in case
Company
Company’s ’s property out of written warning period for wage he commits the
the Company on purpose increase up to 6 offence again
without permission of his months/
months
or her direct superior. removing from
his post in case
he commits the
offence again
within 3 months
from the issue of
the written
warning.

17. Any leave during working Reprimand by Reprimand by Extension of the Dismissal in case
hours without pre
pre--notice verbal warning written warning period for wage he commits the
and permission of his or increase up to 6 offence again
her direct superior. months/
removing from
his post in case
he commits the
offence again
within 3 months
from the issue of
the 2nd written
warning.
18. Working off the job without Dismissal
proper reasons for
aggregate 5 days in a
month or aggregate 20
days in a year.

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19. Late to work, early


Reprimand by Reprimand by Extension of the Dismissal in case
leaving and out of office
written warning. written warning. period for wage he comes
more than 3 times a
increase up to 6 late/leaves early
month month without
months/ again
prior notice and
removing from
permission
his post in case
he comes
late/leaves early
again within 3
months from the
issue of the
written warning.
20. Appropriat
ppropriating or Extension of the
unlawfully accept
accepting
ing period for wage
money or other valuables increase up to 6
equivalent to an amount of months/
less than ten million VND removing from
in connection with the his post
business of the Company

21. Appropriat
ppropriating or unlawfully Dismissal
accept
accepting money or other
valuables equivalent to an
amount of ten million VND
or more in connection with
the business of the
Company. In this case the
employee is considered
as causing server loss
and damage to the
Company.

22. Violating a law or acting Extension of the Dismissal in case


whatever is possibly period for wage he commits the
considered as an increase up to 6 offence again
infringement and such months/
months
violation or infringement removing from
directly effects the his post
operations of the
Company
Company.
23.Corrupting
Corrupting order or Extension of the Dismissal in case
ethics in the Company
Company’s period for wage he commits the
premises by eccentric increase up to 6 offence again
behaviours such as fight, months/
months
quarrel, or drunk. removing from
his post
24. Absence without notice Reprimand by Extension of the Dismissal in case
and permission written warning period for wage he commits the
increase up to 6 offence again
months
nths/
removing from
his post in case
he commits the
offence again

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Contractor Doc. No.


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within 3 months
from the issue of
the written
warning.
25. Illegal assembly in the Reprimand by Extension of the Dismissal in case
Company
Company’s ’s premises. written warning period for wage he commits the
increase up to 6 offence again
months/
months
removing from
his post in case
he commits the
offence again
within 3 months
from the issue of
the written
warning

26. Manufacturing or having Reprimand by Reprimand by Extension of the Dismissal in case


otherr Employee to verbal warning written warning period for wage he commits the
manufacture personal increase up to 6 offence again
property which are nothing months/
to do with the Company
Company’s removing from
management/ operation in his post in case
the Company
Company’s ’s workplace. he commits the
offence again
within 3 months
from the issue of
the 2nd written
warning.

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