Disciplinary action against people who commit multiple violations at the same time

Lawyer Nguyen Thu Thuy, YouMe Law Firm LLC replied:

Article 122 of the 2019 Labor Code stipulates the principles, order and procedures for handling labor discipline as follows:

1. Labor discipline is regulated as follows:

a) The employer must prove the employee's fault;

b) There must be participation of the organization representing employees at the facility of which the employee being disciplined is a member;

c) The employee must be present and has the right to defend himself/herself, have a lawyer or an organization representing the employee defend him/her; in the case of a person under 15 years of age, the participation of a legal representative is required;

d) Labor discipline must be recorded in minutes.

2. Multiple forms of labor discipline may not be applied to one violation of labor discipline.

3. When an employee simultaneously commits multiple violations of labor discipline, only the highest disciplinary measure corresponding to the most serious violation shall be applied.

4. Disciplinary action may not be taken against an employee during the following periods:

a) Sick leave, nursing leave; leave with the employer's consent;

b) Being detained or imprisoned;

c) Waiting for the results of the competent authority's investigation, verification and conclusion regarding the violations specified in Clause 1 and Clause 2, Article 125 of this Code;

d) Pregnant female employees; employees on maternity leave, or employees raising children under 12 months old.

5. Do not take disciplinary action against an employee who violates labor discipline while suffering from a mental illness or another disease that causes loss of cognitive ability or ability to control his or her behavior.

6. The Government prescribes the procedures for handling labor discipline.

Thus, when an employee simultaneously commits multiple violations of labor discipline, only the highest disciplinary measure corresponding to the most serious violation will be applied.