How to handle labor discipline for not making a record and being penalized?

Lawyer Ho Thu Trang, YouMe Law Company Limited answers:

Point d, Clause 1, Article 122 of the 2019 Labor Code stipulates that the handling of labor discipline must be recorded in minutes.

Point d, Clause 2, Article 19, Decree No. 12/2022/ND-CP stipulates penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers going to work abroad under contracts, stipulating violations of regulations on labor discipline and material responsibility as follows:

2. A fine of between 5 million VND and 10 million VND shall be imposed on employers for one of the following acts:

e) Handling labor discipline, compensation for damages not in accordance with procedures; procedures; statute of limitations according to the provisions of law;

Clause 1, Article 6, Chapter II of Decree No. 12/2022/ND-CP stipulates penalties for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts, with regulations on fines, sanctioning authority and principles applied to repeated administrative violations as follows:

1. The penalty level stipulated for violations specified in Chapter II, Chapter III and Chapter IV of this Decree is the penalty level for individuals, except for cases specified in Clauses 1, 2, 3, 5 of Article 7; Clauses 3, 4, 6 of Article 13; Clause 2 of Article 25; Clause 1 of Article 26; Clauses 1, 5, 6, 7 of Article 27; Clause 8 of Article 39; Clause 5 of Article 41; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of Article 42; Clauses 1, 2, 3, 4, 5, 6, 7, 8 of Article 43; Clauses 1, 2, 3, 4, 5, 6 of Article 45; Clause 3 of Article 46 of this Decree. The penalty level for organizations is 02 times the penalty level for individuals.

Thus, failure to make a record of labor discipline may be fined from 5 million VND to 10 million VND for employers who are individuals and from 10 million VND to 20 million VND for employers who are organizations according to the above regulations.