Disciplinary measure of dismissal in vietnamese labour law

MAI, NGUYEN THI XUAN MINISTRY OF EDUCATION AND TRAINING HO CHI MINH UNIVERSITY OF LAW -*** -BOARD OF ADVANCED PROGRAMS MAI, NGUYEN THI XUAN BACHELOR THESIS DISCIPLINARY MEASURE OF DISMISSAL IN VIETNAMESE LABOR LAW BACHELOR THESIS Faculty: Civil Law Year: 2013 - 2017 YEAR OF 2017 HO CHI MINH CITY YEAR OF 2017 MINISTRY OF EDUCATION AND TRAINING HO CHI MINH UNIVERSITY OF LAW -*** -BOARD OF ADVANCED PROGRAMS MAI, NGUYEN THI XUAN DISCIPLINARY MEASURE OF DISMISSAL IN VIETNAMESE LABOR LAW BACHELOR THESIS Faculty: Civil Law Year: 2013 - 2017 Proposed Supervisor: M.A Chien, Thi Dinh Student : Mai, Nguyen Thi Xuan Student ID : 1353801011120 Class : Advanced Class of 38A HO CHI MINH CITY YEAR OF 2017 Table of Contents CHAPTER 1: OVERVIEW ON LABOR DISCIPLINE AND DISCIPLINARY MEASURE OF DISMISSAL .1 1.1 Overview on Labor discipline .1 1.1.1 1.1.2 Development of Labor discipline through periods .1 Definition of Labor discipline .4 1.1.3 1.1.4 Characteristics of Labor discipline .7 Measures of labor discipline .13 1.2 1.2.1 Overview on Disciplinary measure of dismissal 15 Definition of Disciplinary measure of dismissal 15 1.2.2 Characteristics of Disciplinary measure of dismissal and its classification .16 1.2.3 Distinction between Disciplinary measure of dismissal and unilaterally terminate the labor contract in accordance with law .18 1.2.4 The meaning of Labor discipline in general and dismissal in particular (hereinafter called Labor discipline) 21 CONCLUSION OF CHAPTER 25 CHAPTER 2: ACTUAL STATE OF REGULATIONS ON DISCIPLINARY MEASURE OF DISMISSAL IN VIETNAM AND PETITIONS .26 2.1 General principles on Disciplinary measure of dismissal 26 2.2 Legal basis of Disciplinary measure of dismissal .31 2.3 Statutory limitation of Disciplinary measure of dismissal 38 2.4 Precedures of Disciplinary measure of dismissal .43 2.5 Legal consequences of Disciplinary measure of dismissal 53 CONCLUSION OF CHAPTER 59 CONCLUSION .60 REFERENCES APPENDIX INTRODUTION Reasons for choosing the topic: In the current trend of globalization and international economic integration, our country is stepping up the process of industrialization and modernization of the country, integrating with the world economy and achieving certain achievements Making production and business activities more and more expanded and developed Therefore, business units are established and put into operation more and more As we all know, the quality of human resources is the decisive factor in the growth and success of businesses An enterprise that wants to maintain the stability of production and achieve high-profit margins will always need to grasp, maximize and effectively utilize its human resources As Willian Petty – a well-known economist from England once said: “Labor is the mother of wealth, while land is the father of wealth”, it is obvious that labor and land are very important in the business life It is a matter of fact that the larger size of the business, the higher the role of the employee Therefore, the promotion of qualifications, expertise, experience, as well as raising the sense of duty of labor should be given great attention Labor discipline is a tool for employers to maintain order, discipline, and order in the workplace which will contribute to creating a more professional working environment with high morale and sense of responsibility for both workers and employers However, current situations of workers violating labor discipline are increasing rapidly In addition, procedures of labor discipline against employees not always take place in accordance with the basis and procedures stated by law The consequence is that the rights of both workers and employers are directly and seriously affected, resulting in disagreements, disputes, and even grievances on the disciplinary action Procedures of not only labor discipline but also dismissal in particular, if not followed seriously, will lead to corollary implications for the economy - politics such as collective labor disputes, strikes, and other issues that cause business interruption - which will have a great effect on the profitability of the company Corporations nowadays pay more attention to the dismissal, especially in the fierce competition of the market economy In fact, labor discipline in general and dismissal, in particular, are the key issue in human resources management Especially, dismissal is always considered as the strictest labor discipline which will end the employment relationship permanently Moreover, there are very few studies on Vietnamese dismissal that are in English, which may make international students or researchers, as well as lawyers practice law in Vietnam, find it hard to access to Vietnamese dismissal For those reasons, it is necessary to have a scientific study and research on the matter of labor discipline, specifically on the problem of dismissal The bachelor thesis of “Disciplinary measure of dismissal in Vietnamese Labour Law” is in hope of being a part in contributing to the improvements and solutions to the provisions on dismissal of Vietnamese labor law Actual state of recently researches relating to the topic: Recently, there have been a number of research projects with varying scopes on dismissal in Vietnam such as: For the thesis master, there have been works by authors such as: "Labor discipline under labor law" (2004) by Tri Thi Kim Chau, " Law on dismissal in practice of enterprises in the province of Binh Phuoc (2007) by Huynh Quoc Anh, "Resolving disputes on labor discipline in the form of dismissal in the court - Reality and solution (2011)" by Pham Thi Minh Chau Those studies have given an overview of the disciplinary measure of dismissal as well as proposed some recommendations to improve the legal system However, these essays only focused on studying the regulations of the 1994 Labor Code and related implementing guidelines The first stated essay is theoretical and had no practical insight The second one focused on research in the Binh Phuoc province but has not pointed out the cause of that situation The last one focused only on solving disputes on disciplinary dismissal in court and not really in relation to the law For the thesis of bachelor, there are also many theses about dismissal such as "Law on Labor Discipline in Enterprises" (2011) by Hoang Thi Thuy Linh, "Dismissal in Labor Law of Vietnam"(2015) by Nguyen Thi Hoai Yen, “Dismissal in Labor Law of Vietnam” (2016) by Pham Thi Minh Trang Although these theses have put forward a number of disputes about dismissal in practice, there have been some cases that have taken place for quite long ago (for example: in 2004) and therefore not accurately reflect the current situation In addition, none of the stated theses were written in English, which made them hard to accessible by foreign researchers At the same time, though the studies made a very positive contribution to complete the provisions on dismissal, they not really guarantee the balance of rights of workers and employers There are also a number of articles in the legal journals such as: "Considering issues regarding to the legality of the dismissal in labor case at court” (2004) by Nguyen Xuan Thu , "Comment on completing of regulations on labor discipline and some recommendations” (2010) by Tran Hoang Hai, "Some issues on the illegal dismissal in accordance with the provisions of the Labor Code” (2012) by Nguyen Huu Luc, "Current status of authority of Labor Discipline and Recommendations” (2014) by Do Thi Dung, "Legal consequences of dismissal” (2014) by Tran Thi Thanh Ha These articles reflect some of the current states in the application of dismissal, at the same time providing practical opinions; however, these articles only mention one or several issues of dismissal and not in deep comprehension The above theses and studies are extremely valuable resources for authors in the research process of regulations on dismissal in Vietnam In the research, the author will not only decompose dismissal in Vietnam but also learn the experiences of some countries to improve the effectiveness of applying dismissal Purpose of the research: The purpose of the thesis is to study in a holistic and systematic manner about the disciplinary measure of dismissal, as well as clarify issues of theoretical grounds and contents of current legislation on disciplinary dismissal with the aim of pointing to the status quo of the law as well as the advantages and disadvantages in the application of dismissal From there, the author proposes some recommendations to improve the provisions on dismissal Object and scope of the research: - The subject of the study is the dismissal in the employment relationship between employees and employers in accordance with the Labor Code 2012 - The scope of research: legally, the thesis focuses on studying the current law on disciplinary measures of dismissal and at the same time comparing to a number of countries such as Brazil, Japan, Australia, Canada, China, Ireland, French, Italy, German and Britain This topic refers only to the traditional labor relations between the worker and the employer in relation to the labor contract The research does not cover relationships such as: subleasing of labor, domestic servants, as well as other relationships Specifically, the subject only addresses issues of dismissal such as legal grounds, principles, procedures, legal consequences In practice, the author only introduces a number of typical cases that happen recently to point out the inadequacies and limitations of the current law Finally, the author provides solutions to improve the provisions of law on dismissal Methods of the research: The topic is mainly studied on the basis method of the methodology of Marxism, Ho Chi Minh's thought, the method of dialectical materialism and historical materialism To be more specific, methods used by the author include: analysis, synthesis, comparison, statistics, combining theoretical and practical surveys on the basis of information from sources such as newspapers, the Internet, legal science journals in order to evaluate and clarify the issues the author wants to address Research’s scientific significance and its value of application: Through the process of research, the author concentrically and systematically analyzes the provisions on dismissal in Vietnamese law The author has studied and assessed the practical application of the law while learning the legal experience of progressive countries in the world to make positive contributions to improving legislation on dismissal in Vietnam On the other hand, the author hopes the research becomes a reference source for not only international research but also national future research related to dismissal in Vietnamese law as well as in the comparison of dismissal in Vietnamese law with that of foreign law Finally, the author wishes to improve the provisions of the current provisions on dismissal through some of the recommendations Structure of the research: In addition to the introduction, conclusion, list of references and annexes, the thesis is structured as follows: Chapter 1: Overview on labor discipline and disciplinary measure of dismissal Chapter 2: Regulations and actual state of disciplinary measure of dismissal in Vietnam and petitions CHAPTER 1: OVERVIEW ON LABOR DISCIPLINARY MEASURE OF DISMISSAL DISCIPLINE AND 1.1 Overview on Labor discipline 1.1.1 Development of Labor discipline through periods 1.1.1.1 Labor discipline in “pre – Doi moi” period (before 1986) The Vietnamese labor law had been developed through every ups and downs period of history1 To be more precise, the discipline of dismissal occurred in the early 1945s Vietnam issued the Decree No on 1st October, 1945 (amended and supplemented by Decree No issued on 23rd November,1945) which stipulated the time limit for reporting before dismissing workers However, it was not only when the Vietnamese President issued the Decree No.77/SL on 22nd May 1950 on stipulating the provision of workers in custody during the resistance period together with the regulation of workers adjust the labor relations in the state sector was the disciplinary measures of dismissal formally recognized as a form of the labor force Article 47 of the Decree No.77 stipulated that "depending on the seriousness of the fault, the offender shall be subjected to one of the following penalties: warning, reprimand, postponement of promotion within one or two years, crossing off the payroll list or discharging” In the early 1960s, the South continued to fight against American imperialism, and the North went on to build socialism The regulations on labor discipline in general and dismissal in particular were strengthened On 31th December, 1964, the government issued the Decree No.195/CP on regulating labor regulations in state enterprises This was a document which regulated industrial relations between the state-owned enterprises and the state employees In Article of Decree No.195, four measures of discipline were introduced, which depended on whether the seriousness of the employee's mistakes In those four measures of disciplines, the disciplinary measure of forcing to quit job was mentioned and this can be considered as the disciplinary measure of dismissal in the current Labor law Diem, Pham (2007), “Development of Labor law in Vietnam”, State and Law institute Vietnam, (157) Last updated on 20 May, 2017, available at: http://Vietnamlawmagazine.vn/development-of-labor-law-in-Vietnam-4341.html 1 Disciplinary measures, at that time, were only applied in case the offenders "caused great harm to the state" In principle, when it comes to the application of disciplinary measures of dismissal, "the employee is not eligible for severance allowance" pursuant to Article 6, Decree No.195 In addition, Decree No.195 also regulated five things on the discipline included: “1 Obligate properly the labor norms, complete production plans and work programs with the best quality; Comply strictly with the directives and resolutions of superiors as well as the responsibilities prescribed in production and work; Adherence to technical rules, procedures, techniques and labor safety; To strictly abide by the enterprises' rules, fully and properly use the working hours regulated by state; Protection public property, prevent the waste of materials and time, promote revolutionary vigilance, as well as the obligation of keeping state's secrets; Maintaining order and hygiene of workplace”2 Together with this, there were also many labor-related documents came in force to guide the provisions on labor discipline such as: Circular No.12-LD/TT dated 28 May 1977, Circular No.03-LD/TT dated 28 December 1979, Circular No.13-LĐ/TT dated December 1979 etc By issuing those legal documents, labor discipline was considered by the government as a necessary requirement to boost the labor production: "Although the structure is unreasonable and there is a harmony of the two types of objects: workers and civil servants, which have different characteristics, but have been widely circulated for 30 years In the 1970s, a number of business units have taken several measures to strengthen the disciplines”3 With the issue of many labor documents, the Vietnamese Government and the State expressed a view that "it is necessary to ensure good completion of production and work plans in enterprises and agencies in Vietnam; At the same time, it also represents a concentration of political enlightenment, organizational consciousness and the spirit of mastery of workers and officials"4 In conclusion, regulations were just focused on the state-owned labor relationship which means that the rights of employees working outside the state-owned Decree 195/CP dated 31th December 1964 on publishing internal rules and labor discipline in state-owned enterprises of Vietnam, Chapter 1, Article Ha Noi National University (1995), Curriculum of Labor law in Vietnam, San, Dang Duc – Thu, Do Gia - Phan, Nguyen Van, Ha Noi National University publisher p.193 Circular No.13/TT-LB dated 30th August 1966 on explaining and guiding to execute rules of labor discipline in state-owned enterprise, organizations, part “Objective, meaning and quotation” enterprises were still not assured and remained not yet specific At that time, employment did not become a burning issue in social life Labor relations therefore heavily bore an administrative and mandatory nature 1.1.1.2 Labor discipline in “Doi moi” period (from 1986) Things then quickly changed after the reunification of the country Thanks to the “Doi moi” (renewal) period, Vietnam actively integrated into the world economy, which led to the incremental establishment of the labor market The labor relations since then were never the same anymore Labor relations were more diverse, dynamic and complex than they were before No longer did employers be stateowned enterprises and organizations but also included private and foreign-invested enterprises From 15th to 18th December 1986, labor relations were redefined in line with the new mechanism: “The Labor Code regulates labor relations between the salaried employee and the employer, and the other social relations directly related to labor relation”5 However, rules on the labor discipline were mainly governed by Decree 195 of which the provisions were increasingly unsuitable with the development orientation in the legal system in the period of Doi moi The regulations on the disciplinary measures in general and the dismissal in particular should be more clear and easier to understand In such a context, several years after Doi Moi economic reforms were the country’s first-ever Labor Code was passed by the National Assembly of the Socialist Republic of Vietnam on June 23, 1994, promulgated by the State President on July 5, 1994 and came into force on January 1, 1995 The Labor Code 1994 then set aside a chapter on labor discipline In particular, disciplinary measure of dismissal was considered as an important regulation of the labor discipline problem The Labor Code 1994 listed the procedures as well as the grounds for the disciplinary measures to be adopted by the employers in the event of a breach of contract In addition, in order to regulate and instruct the implementation of a number of articles on labor discipline and material liability, the Government issued Decree No.41/CP dated July 1995, Circular No 19/2003/TTBLDTBXH Dated 22 September 2003 guiding the implementation of a number of articles of Decree 41 dated July 1995 which was amended and supplemented by Labor Code (No 35-L/CTN) dated 23th June, 1994 (amended in 2002, 2006, 2007), Article law, the employer also has the right not to receive the employee However, it would be unreasonable because, as analyzed the above, the employer is always in a more active position than the employee so if both the employee and the employer are entitled to the same rights, the employer may be abusing the power without returning the employee back to work Therefore, the law contemplates that in this case, the worker must also agree not to return to work and the employer must compensate at least two months' wages under the labor contract When these conditions are met, the labor contract is also considered to be terminated as agreed by the two parties and the employee will have severance allowance in this case (iii) In case the position or job agreed in the labor contract is no longer vacant and the employee still wishes to work, the employer shall pay the compensation stipulated by the law and both parties shall negotiate to modify and supplement the labor contract167 The law, in this case, allows the worker to perform another job and this, of course, is expected to result in a change in the employment contract Therefore, the choice of workplace or alternative tasks needs to be negotiated and approved by the employee and the employer However, the law only regulates that in the case if cannot negotiate, then how are things will be solved is still left open and no guiding documents yet When both parties cannot negotiate, is the employer applying either of the aforementioned methods or is there another choice because it is likely that the employer deliberately put the advancing elements in order to make the negotiation fail The statute of limitations in laws of countries on bringing dismissal claim ranges from as low as fourteen days to as high as two years There are also differences in the legal consequences in wrongful dismissal: In Brazil, the statute of limitations on dismissal claims is two years 168 If a Brazilian employee has been unfairly dismissed, he is entitled to the account balance plus a penalty paid by the employer that is equivalent to 40% 169 of the balance established by the Guaranteed Fund for Length of service170 167 Labor Code 2012, Section 4, Article 42 Consolidations of Labor Law dated February 1960s, Article 11 169 Appendix 170 Circular No.548 dated 19th April, 2011 of Brazil on federal Saving Banks, Chapter 1, Chapter 168 55 In China, prior to the 2008 reform of the law, a short statute of limitations made china as a less employee-friendly171 The statute of limitations, therefore, has been extended from sixty days to one year, which shall be calculated from the date a party comes to know or is expected to know the infringement of its rights172 Dismissal that violated the Labor Contract Law entitle an employee to damages that are double the severance pay owned in the event of a lawful termination 173 However, punitive damages are not permitted and, in practice, awards for damages are usually quite modest174 An employee can also demand reinstatement if the dismissal is wrongful and if the reinstatement is impossible175, then the employee is entitled to double the severance pay that would have been owed if the dismissal had been lawful176 In German, employees seeking to challenge their dismissal must bring claim in weeks following notice of termination to the local labor court If the court adjudicates a dismissal improper, it voids the termination decision, and the employment relationship is typically considered to still exist, thereby entitling the worker to a continued salary of, if judgement is rendered after the period of notice had expired, back-pay and reinstatement177 If the court finds that dismissal was unjust but serious circumstances make the continuation of the employment relationship infeasible, the court must grant an employer’s motion to end the relationship and award severance pay178 The employee can also request severance pay instead of reinstatement in this case179 171 Ron Brown (2008), China labour dispute resolution Last updated on 25 June, 2017 Available at: http://www.fljs.org/content/china-labour-dispute-resolution 172 Labour dispute mediation and arbitration law (No 80) dated 29th December, 2007, Article 27 173 Labor Contract Law, Article 80 and Article 87 174 Virginia E Harper Ho (2009), From contracts to Compliance? An early look at Implementation Under China’s new labor Legislation, Vol.23, Columbia Journal of Transnational Law Association, Inc., para 51 175 Appendix 176 Labor contract law(No.65) dated 29th June, 2007, Article 48 and Article 87 177 Protection Against Dismissal Act, Article 10 – 12 178 Appendix 179 Protection Against Dismissal Act, Article 9, Section 56 In Italy, if the court ruled in favor of the employee in the case of unjust dismissal, they are entitled to back-pay and possibly reinstatement180 Where reinstatement is not required, damages of fifteen month’s salary maybe ordered 181 From the view of stated countries, when a dismissal is considered illegal, the two main consequences that applied on the employer is reinstatement and awards for damages It is reasonable as the main purpose of all employees when they work is earning money for their life However, currently, according to the provisions of Labor Code and Decree no.05/2015 / ND-CP, there is no specific distinction of issues related to the illegal dismissal: To begin with, the current law does not discriminate on the unlawful dismissal of the grounds and the illegal dismissal of procedures According to the author, illegal dismissal of the grounds should bear more serious legal consequences than the illegal dismissal that has the improper procedure Thus, if the employer dismisses unlawfully on the order or violation of a statute of limitations, the consequences are as provided in Article 42 of the Labor Code 2012 However, in the case of illegal dismissal but wrong procedures, there should be different solutions than the illegal dismissal of the wrong basis Moreover, it would be unreasonable if the worker in the event of dismissal was still entitled to the unemployment benefits while the worker of unilaterally terminated the contract does not According to the law, unemployment benefits are meant to the support of the government to share the risks with workers when they lose their jobs and create conditions for them to stabilize their lives182 As analyzed, dismissal has more serious consequences than unilaterally terminating labor contracts because they derive entirely from the fault of the worker Compare a dismissed worker and a unilaterally terminated employee in the manner of a standard person, unemployment benefits used in dismissal cases would cause discontent and unfairness 180 Law No.300 [L.] dated May 20, 1970 of rules on the protection of the freedoms and dignity of workers, on freedom of association and on trade union activities in workplaces and rules on placement, Article 18 Last updated on 30 June, 2017, available at: http://www.comune.jesi.an.it/MV/leggi/l300-70.htm 181 Law No 92/2012 dated June 28, 2012 of provisions on reforming the labor market in a growth perspective, Article 1, para.42(b) Last updated on 30 June, 2017, available at: http://www.unipv.eu/site/home/didattica/tirocini-e /documento15589.html 182 Law on Employment (No 38/2013/QH13) dated 16 November, 2013, Article 3, Section 57 Legal consequences of dismissal obviously affect not only the daily life of the employee but also the production of the company However, as stated above, the current law still does not quite fully and reasonably regulate this matter Therefore, the author suggests that there should be different legal consequences between cases of illegal grounds and illegal procedures The law currently does not different legal consequences of illegal grounds and illegal procedures It is reasonable if the employer has the responsibilities stated in Article 42 Labor Code 2012 in cases of illegal grounds However, in case of wrongful procedures but legal grounds, the court should consider that decision to be legal and fine the employer for not to follow the procedures In other words, the employer has to bear responsibility for this In author’s view, no matter what the employer has to be responsible, it shall be less strict than in cases of illegal grounds The author suggests that, in case of illegal procedures, the disciplinary decision should be recognized by the court, however, the employer will be subject to a fine if the violation of the procedure affects the interests of the employee, for examples, if the employer did not notify the employee properly which leads to the absence of employees to exercise their right of selfdefense In brief, having separated regulations on the consequences of illegal dismissal on grounds and illegal dismissal on procedures is necessary in order to protect the interests of not only the employees but also the employers 58 CONCLUSION OF CHAPTER This Chapter demonstrates that, on many levels, Vietnamese approaches to employment protection are not quite completed The legal grounds and procedural requirements such as notice and an explanation for dismissal are also far weaker These disparities have led to the widely held view that the Vietnamese Labor disciplinary measures of dismissal needs to have some amendments on legal grounds and procedures such as: (i) The law should add more legal basis for dismissal as: Acts of deception, appropriation of the property of laborers, acts of destroying the property of employee shall additionally serve as a basis for disciplining dismissal; (ii) Promulgating documents detailing the following issues: On property theft; About gambling behavior; About the concepts of business secrets, technology secrets (iii) After the expiry of the statute limitation, if the statute of limitations left for disciplinary action is 30 days, the employer shall take disciplinary action immediately, if not, the employer is entitled to have additional 30 days for the disciplinary action and the statute of limitations for the disciplining of laborers to be calculated from the date on which the employer discovers the breach; (iv) Recognizing the person authorized by the employer also has the authority to dismiss The author also suggests that authorized person is not allowed to authorize another person unless approved by the original authorized person; (v) There must be detailed provisions on the procedure for sending notice of disciplinary action, specifically the method of sending notice of the disciplinary hearing to the employee and when the fault of the employee has been clearly demonstrated through the investigation conclusion of the competent authority, the employer can dismiss without the presence of the employee; (vi) the author agrees with the view that in cases where the employer has proof to prove that they did their best and completed the procedures but the employee intendedly evaded, the disciplinary hearing will be held without the presence of the employee; (vii) Should only the Trade union members are provided protection of the Trade union by the presence of the Trade union at the hearing, and in this case, the presence is compulsory; and (viii) the author argues that the law should stipulate that the dismissed person is not entitled to unemployment benefits It is true that reality is more complex than written law The purpose of this Chapter is to suggest solutions with the aim of completing the provisions on the dismissal of Vietnamese labor law 59 CONCLUSION In the context of the country's economy is moving strongly along with the market trend as well as the international economic integration, the sense of observance of labor law of the parties in labor relations is gradually improved, especially the sense of the disciplinary action of employees Improving the sense of observance of labor discipline has contributed positively to the building of harmonious labor relations and progress in labor which help creating conditions for enterprises to draw up, develop and attract foreign investment Thereby, it is boosting economic growth in a stable and sustainable manner In reality, current Vietnamese law on labor discipline and dismissal still exist inadequate and incompatible with the realities of the market economy The situation of labor disputes and strikes often occurs, which adversely affect the development of enterprises and the legitimate interests of laborers Therefore, the amendment and supplementation of the provisions of the law on labor discipline together with the responsibility of labor discipline are essential to overcome the remaining shortcomings and problems 60 REFERENCES A Legal documents Brazil’s Consolidacao das leis trabalho (Consolidation of labor laws) dated 1943 Circular No 47/2015/TT-BLDTBXH on guidelines for labor contracts, labor discipline and material responsibility prescribed in decree No 05/2015/ND-CP dated 12 January, 2015 on defining and guidening the implementation of a number of contents of the labor Code Circular No.13/TT-LB dated 30th August 1966 on explaining and guiding to execute rules of labor discipline in state-owned enterprise, organizations, part “Objective, meaning and quotation” Circular No.548 dated 19th April, 2011 of Brazil on federal Saving Banks 10 Civil Code (No 91/2015/QH13) dated 24th November, 2015 Civil Code dated 16th March, 1942 of Italy Civil Procedure Code (No.92/2015/QH13) dated 25th November, 2015 Constitution of the socialist republic of Vietnam dated 28th November, 2013 Constitution of the socialist republic of Vietnam dated 9th November, 1946 Criminal Procedure Code (No.101/2015/QH13) dated 27th November, 2015 11 Decree 195/CP dated 31 December 1964 on publishing internal rules and labor discipline in state-owned enterprises of Vietnam 12 Decree 35/2005 dated 17 March, 2005 on civll disciplines of Vietnam 13 Decree No.05/2015/ND-CP dated 12 January, 2015 on defining and guidening the implementation of a number of contents of the labor Code of Vietnam 14 Decree No.41/CP dated July 1995 of Vietnam 15 Decree No.76/SL dated May 20th, 1950 of Vietnam 16 Decree No.77/SL dated May 22th, 1950 of Vietnam 17 Degree of Consolidations of Labor Law dated February 1960 18 Draft of Labor Code (Emendation) dated 21 March, 2017 19 Employment Act dated 8th July, 2002 of United Kingdom 20 Fair Work Act No 30 dated 2009 on workplace relations, and for related purposes 21 Guidance on Trade union dues (No 258/HD-TLDD) dated 7th March, 2014 22 International Covenant on Civil and Political Rights, dated 16th December 1966 23 24 Labor Code (No 35-L/CTN) dated 23th June, 1994 of Vietnam Labor Contract Act (No.128) dated 5th December, 2007 of Japan 25 Labor contract law(No.65) dated 29th June, 2007 of China 26 Labor Standards Act (No 49) dated 7th April, 1947 of Japan (amended in Act No.42 of 2012) on setting the standards for the conditions of labor 27 Labor Standards Act (No 5309) dated 13th March, 1997 of Korea on set the standards for the conditions of labor 28 Labor Standards Code dated 1989 of Nova Scotia – Canada of the revises statutes 29 Labour dispute mediation and arbitration law (No 80) dated 29th December, 2007 of China 30 Law (No.300/1970) dated 20th May, 1970 of Italy about rules on the protection of the freedoms and dignity of workers, on freedom of association and on trade union activities in workplaces and rules on placement 31 Law (No 92/2012) dated 28th June, 2012 of Italy about provisions on reforming the labor market in a growth perspective 32 Law (No.604/1966) dated July 15th of Italy about rules on Individual Redundancies 33 Law on Cadres and civil servant (No 22/2008/QH12) dated 18th November, 2008 of Vietnam 34 Law on employment (No 38/2013/QH13) dated 16 November, 2013 35 Law on Trade union (No 12/2012/QH13) dated 20th June, 2012 of Vietnam 36 Minimum Notice and Terms of Employment of Ireland dated on 9th May, 1973 on requiring a minimum period of notice to terminate the employment 37 Protection Against Dismissal Act dated 10th August, 1951 of German on Employment security and termination of employment 38 The Employment Rights Act of the United Kingdom dated 22nd May, 1996 on Employment Rights 39 The Trade Union and Labor Relations Act dated 16th July, 1992 of United Kingdom on consolidating the enactments relating to collective labor relations 40 Unfair Dismissal Act 6th April, 1977 of Ireland on providing for redress for employees unfairly dismissed from their employment, to provide for the determination of claims 41 Universal Declaration of Human Rights, dated 10 December 1948 B References Vietnamese materials: Chau, Pham Thi Minh (2011), Settlement of disputes on disciplinary action in the form of dismissal in court, actual situation and solutions, Master thesis, Ho Chi Minh University of Law Doan, Nguyen Minh, Tam and Le Minh (1998), State theoretical and theoretical curriculum, People’s Police publisher Document of the 12th Party Congress (2016), last updated on 27 May 2017, available at: Encyclopedia dictionary (2002), Encyclopedic dictionary publisher, Ha Noi Faculty of Law - Ha Noi University of Social Sciences and Humanities (1999), Labor law curriculum, Ha Noi Ha Noi National University (1995), Curriculum of Labor law in Vietnam, San, Dang Duc – Thu, Do Gia - Phan, Nguyen Van, Ha Noi National University publisher Ha Noi National University (1999), Curriculum of Labor law in Vietnam, Pham Cong Tru Ha, Do Hai and Hai, Tran Hoang (2013), Labor Law, Hong Duc - Vietnam Lawyers Association Publisher, Ha Noi Hai, Tran Hoang and Ha, Do Hai (2010), Comments on providing the provisions of labor disciplines and material responsibility in the proposal of Labor Code, Legal science Magazine Publisher, Ha Noi 10 Hien, Vu Thi Thu; Hiep, Bui Quang (2011), Statute limitation – from written law to reality, Career of law, Vol.5 11 Ho Chi Minh, All volumes, Volume 4, p.152, Publisher National Politics, Ha Noi, 1995 12 Hung, Nguyen Manh (2011), Legal Terms, Political of national and truth, publisher, Ha Noi 13 Lam, Tran Thuy (2006), “Defination and legal nature of labor discipline”, Legal magazine 14 Nguyen, Diep Thanh (2012), Basic labor law curriculum, Can Tho University 15 People’s police (2015), Labor law curriculum, Nguyen Hien Phuong, Ha Noi 16 Phe, Hoang (2003), Vietnamese Dictionary, (9th edition), Da Nang publisher, Da Nang – Ha Noi 17 18 Noi 19 Phe, Hoang (2006), Vietnamese dictionary, Da Nang publisher Phung, Nguyen Kim (2003), Labor Circulum, People’s Police publisher, Ha Quynh, Nguyen Huu (1999), Legal Dictionary, Encyclopedic dictionary publisher, Ha Noi 20 Thu, Nguyen Xuan (2004), Issues to consider when the court considers the legality of dismissal decisions in industrial relations, People’s Court, Vol.17 21 Yen, Nguyen Thi Hoai (2015), Dismissal in Vietnamese Law, Bachelor thesis of Law, Ho Chi Minh University of Law, Ho Chi Minh City 22 English materials: ACAS Code of Practice on Disciplinary and Grievance Procedures dated 2015 23 Abraham Lincoln (1861), Lincoln's First Annual Message to Congress 24 Baker and Mc.Kenzie (2006), Breaking new ground in Italy, Cornel University: ILR school 25 Corbett, William; Blanpain, Roger; Bisom-Rapp, Susan; Josephs, Hilary K.; and Zimmer, Michael J (2012), The Global Workplace: International and Comparative Employment Law: Cases and Materials", Wolters Kluwer publisher 26 Henry Campbell Black (1968), The Black’s law Dictionary, (4th Edition), West Publishing Co publisher 27 Institute of Legal Science (2006), Legal dictionary, Encyclopedic Dictionary publisher and Judicial publisher 28 Kazuo Sugeno and Keiichi Yamakoshii (2015), Dismissal in Japan, in Japan Labor Review, vol 11 No 2, The Japan Institute for Labour Policy and Training 29 Marxists and Angles (1848), Communist Party statement, Part 30 Ministry of Labor, Invalid and Social Affairs (1993), “Foreign legal documents of labor law”, Ha Noi 31 32 Oxford Dictionary of Law, Fifth Edition, Oxford University Press Ryuichi Yamakawa (2007), From Security to Mobility? Changing Aspects of Japanese Dismissal law, Law in Japan: A turning point, edited by Daniel H Foote 33 Stephen Hardy and Mark Butler (2011), European Employment Laws: A comparative guide, 2nd edition 34 Theodore Roosevelt (1897), The Forum, Dickinson School of Law 35 The Employment Rights Act of the United Kingdom Office (1996), The stationery Office Limited, London 36 Internet materials: Australian government’s department human services, Waiting periods Last updated on 23 June, 2017, available at: https://www.humanservices.gov.au/customer/enablers/waiting-periods 37 Bien, Phan Xuan (2017), “Ho Chi Minh on making people as the basic ground”, last updated on 27 May 2017, available at: http://www.sggp.org.vn/tu-tuong-bac-ho-ve-nuoc-lay-dan-lam-goc-436217.html 38 Danielle Venn, Eligibility Criteria for Unemployment Benefits: Quantitative Indicators for OECD and EU countries 15 Last updated on 25 June, 2017, available at: http://www.oecd-benefits_5k9h43kgkvr4-en 39 Diem, Pham (2007), “Development of Labor law in Vietnam”, State and Law institute Vietnam, (157) Last updated on 20 May, 2017, available at: http://Vietnamlawmagazine.vn/development-of-labor-law-in-Vietnam-4341.html 40 International Financial Law Review (May 16, 2000), Termination of the employment Last updated on 30 June, 2017, available at: http://www.iflr.com/Article/2027662/termination-of-employment 41 International Labor Organization (2000), Termination of employment digest Last updated on 30 June, 2017, available at: http://www.ilo.org/public/libdoc/ilo/2000/100B09_152_engl.pdf 42 Justice - the institution of the supreme court, International experience in resolving labor disputes Last updated on 30th June, 2017, available at: http://congly.vn/hoat-dong-toa-an/tieu-diem/kinh-nghiem-quoc-te-trong-giaiquyet-cac-tranh-chap-ve-lao-dong-84994.html 43 Rachel Fausnaught (2015), Fired vs Layoff: The differences and why it matters Last updated on June, 2017, available at: http://primepay.com/blog/fired-vs-laid-difference-why-it-matters 44 Ron Brown (2008), China labour dispute resolution Last updated on 25 June, 2017 available at: http://www.fljs.org/content/china-labour-dispute-resolution 45 Social security aministration (2012), Social security programs throughout the world: asia and the pacific Last updated on 23 June, 2017, available at: http://www.ssa.gov/policy/docs/progedesc/ssptw/20122013/asia/ssptw12asia.pdf APPENDIX SUMMARY TABLE OF BRAZIL ON DISMISSAL (Source: Internet) APPENDIX SUMMARY TABLE OF CHINA ON DISMISSAL (Source: Internet) APPENDIX SUMMARY TABLE OF GERMANY ON DISMISSAL (Source: Internet) ... Overview on Disciplinary measure of dismissal 1.2.1 Definition of Disciplinary measure of dismissal According to Oxford Dictionary of Law, in employment, dismissal is defined as “the termination of an... matter of labor discipline, specifically on the problem of dismissal The bachelor thesis of ? ?Disciplinary measure of dismissal in Vietnamese Labour Law? ?? is in hope of being a part in contributing... STATE OF REGULATIONS ON DISCIPLINARY MEASURE OF DISMISSAL IN VIETNAM AND PETITIONS .26 2.1 General principles on Disciplinary measure of dismissal 26 2.2 Legal basis of Disciplinary measure of