Registration of internal working regulations

Registration on internal working regulations: In an enterprise, the promulgation of internal working regulations as a labor management tool in an employer is both a right and a mandatory obligation of the employer. The promulgation of internal working regulations is important, helping employers to establish and maintain labor discipline in the unit, so exercising the right of labor management effectively. After formulating internal working regulations, what should employers do? What are the order and procedures for the registration? HNLaw & Partners would like to guide Customer as follows:

I. Legal bases:

• Labor Code 2012;
• Decree No. 05/2015/ND-CP dated January 12^th, 2015 of Government defining and providing guidance on the implementation a number of contents of the Labor Code;
• Decision No. 636/QD-LDTBXH, decision on announcement of new-released, amended, added and deregulated administrative procedures of the fields on labor and salary which belong to the scope of management of  Labor, War Invalids and Social Affairs.

II. Contents.

1. Subject of internal working regulations registration

An employer employing 10 or more employees must have internal working regulations in writing.

2. The internal working regulations contain the following principal contents:

• Working time and rest time;
• Order at workplace;
• Occupational safety and hygiene at workplace;
• Protection of assets and technological and business secrets and intellectual property of the employer;
• Employees’ violations of labor discipline, forms of dealing with violations of labor discipline, and material responsibilities.

Notes:

• The contents of internal working regulations must not be contrary to the labor law and other relevant laws.
• Before the issuance of the internal working regulations, an employer shall consult the representative organization of the grassroots-level employees’ collective.
• The internal working regulations must be notified to employees and their key contents must be displayed at necessary places in the workplace.

3. Order and procedures of the registration of internal working regulations (Article 120 Labor Code 2012)

• An employer shall register its internal working regulations with the provincial-level state management agency of labor.
• Within 10 days from the date of issuance of the internal working regulations, an employer shall submit a dossier for registration of the internal working regulations.

Dossier for registration of internal working regulations includes:

• An application for registration of the internal working regulations;
• Documents of the employer related to labor discipline and material responsibilities;
• Minutes of comments of the representative organization of the grassroots-level employees’ collective.

Procedures of implementation: (Decision No. 636/QD-LDTBXH)

– Step 1: The enterprise prepares dossier as stipulated in laws and submits it to a provincial-level labor state management agency where registering the business.

– Step 2: The provincial-level labor state management agency grants a confirmation on receiving the dossier on registration of the internal working regulations. 

– Step 3: Within 07 work days, if having found there is any regulation of the internal working regulations being contrary to the laws, the provincial-level labor state management agency must has an writing on announcing and guiding the employer to amend, supplement and re-register the internal working regulations

Agency implementing the administrative procedures: Provincial-level labor state management agency

If an enterprise does not register its internal working regulations with the provincial-level labor state management agency, the enterprise will be punished for violations of the regulations on labor discipline and material liability in accordance with Article 15, Decree 95/2013/ND-CP as follows:

“Article 15. Violations against the regulations on labor discipline and responsibility                       

1. The employer that fails to announce or post the labor regulation at proper places at the work place shall be liable to a fine of from 500,000 VND to 1,000,000 VND.

2. The employer shall be liable to a fine of from 5,000,000 VND to 10,000,000 VND when committing one of the following acts:

a) Failing to make a written labor regulation when 10 workers or more are employed;

b) Using a labor regulation that is not registered with the provincial labor relations authority;

c) Using an expired labor regulation.”

Above is the consultant on “Registration on internal working regulations of enterprises” of HNLaw & Partners. Customers who have any questions or needs to use legal services please contact the Company directly for detailed consultant and best support.

For more details please contact:

HNLAW & PARTNERS LAW FIRM

Address: DBS Building, N028, Lot 31, Commercial Services and Housing Area in Ha Tri, Ha

Tri Ward, Ha Dong, Hanoi.

Email: tuvan.hnlaw@gmail.com

http://www.hnlaw.vn/en/enterprise-consultancy/

http://english.molisa.gov.vn/Pages/home.aspx