Internal Labor Regulations (Workplace Rules)
The internal labor regulations are considered the “handbook” for employees in an enterprise. However, in practice, many enterprises with more than 10 employees do not have written internal labor regulations. Some employers neglect, forget to establish, fail to post at the workplace, or fail to register such regulations.
Note for enterprises:
– The administrative fine for enterprises required to register internal labor regulations but failing to do so is currently from VND 10,000,000 to 20,000,000.
According to Clause 2, Article 19 of Decree No. 12/2022/ND-CP, the provisions are as follows:
“Article 19. Violations of regulations on labor discipline and material responsibility
-
A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on an employer that fails to notify all employees of the internal labor regulations or fails to post the main contents of the internal labor regulations at necessary locations in the workplace.
-
A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on an employer committing one of the following acts:
a) Failing to have written internal labor regulations when employing 10 employees or more;
b) Failing to register internal labor regulations in accordance with the law;
c) Failing to consult the grassroots employee representative organization (if any) before promulgating, amending, or supplementing the internal labor regulations;
d) Applying internal labor regulations that have not yet taken effect or have expired;
đ) Handling labor discipline or compensation for damage in an incorrect order, procedure, or statute of limitations as prescribed by law;
e) Temporarily suspending employees from work beyond the statutory time limit;
…”
⚠️ Note: The above fines are applicable to individuals. For organizations, the fine shall be twice the fine imposed on individuals (Clause 1, Article 6 of this Decree).
Therefore, if an enterprise is required to register its internal labor regulations but fails to do so with the competent authority, it may be subject to an administrative fine ranging from VND 10,000,000 to 20,000,000.
Importance of Internal Labor Regulations
The internal labor regulations are an important document recording rules on labor discipline in the workplace, including compliance with working time, technology, and production/business management of the enterprise. They must cover the following principal contents:
-
Working hours and rest periods;
-
Order in the workplace;
-
Occupational safety and hygiene;
-
Prevention of sexual harassment in the workplace; procedures for handling sexual harassment acts in the workplace;
-
Protection of assets, trade secrets, technological secrets, and intellectual property of the employer;
-
Cases where employees may be temporarily assigned to different work than stated in the employment contract;
-
Disciplinary violations of employees and forms of labor discipline;
-
Material responsibility;
-
Persons competent to handle labor discipline.
To prevent employees from being disciplined for violations they are unaware of, the internal labor regulations must be notified in writing to all employees.
The drafting of internal labor regulations should not merely follow rigid templates but must be carefully tailored to suit the company’s internal requirements.
Before promulgating, amending, or supplementing internal labor regulations, the employer must consult the grassroots employee representative organization (if any).
The internal labor regulations of an enterprise shall take legal effect 15 days from the date the competent state authority receives a complete registration dossier.
The main contents of the internal labor regulations must be posted at necessary places in the workplace to ensure transparency and enhance employees’ understanding.
Legal basis:
-
Article 118 of the Labor Code 2019
-
Clause 2, Article 19 of Decree No. 12/2022/ND-CP
