The Internal Labor Regulations (“ILRs”) are critical documents in an enterprise, issued by the Employer to establish rules of conduct that Employees are required to comply with in the employment relationship.
When Registration of ILRs is Required:
Employers employing 10 or more Employees must register the ILRs with the labor authority under the People’s Committee of the province/city where the Employer is registered.
For enterprises with fewer than 10 Employees, it is not mandatory but advisable to issue ILRs in writing where deemed necessary.
ILRs must ensure both reasonableness and legality.
Procedure for Issuing and Registering ILRs:
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Within 10 days from the date of issuance of the ILRs, the Employer must submit the ILRs registration dossier.
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Note: When drafting ILRs, the Employer must consult with Employees and the grassroots Employees’ Representative Organization (if any) through workplace dialogue.
The ILRs registration dossier includes:
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Written request for registration of ILRs;
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Written opinions of Employees and the grassroots Employees’ Representative Organization (if any);
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Decision on issuance of ILRs;
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Relevant documents of the enterprise relating to labor discipline and material liability (if any).
Within 07 working days from receipt of the ILRs registration dossier, if the ILRs contain provisions contrary to law, the labor authority under the provincial People’s Committee shall notify and provide guidance for the Employer to amend, supplement, and re-register the ILRs.
Where the Employer has branches, units, or production/business establishments located in multiple localities, the registered ILRs must be sent to the labor authority under the provincial People’s Committee in the locality where such branch, unit, or establishment is located. Depending on specific conditions, the provincial labor authority may authorize the district-level labor authority to handle ILRs registration in accordance with law.
The ILRs shall take effect 15 days after the competent labor authority receives a complete registration dossier. The Employer must send the ILRs to each Employees’ Representative Organization in the enterprise (if any), notify Employees, and post the ILRs at the workplace.
Legal Basis:
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Labor Code 2019;
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Decree No. 145/2020/NĐ-CP detailing and guiding the implementation of certain provisions of the Labor Code on working conditions and labor relations.
