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Fujita Corporation Vietnam
Internal Labor Rules
Fujita Corporation Vietnam (the “ Company ”) hereby establishes Internal Labor Rules
and regulations in accordance with the Labor Code (45/2019/QH14) and related
regulations of the Socialist Republic of Vietnam (“ Vietnam ”) and the actual conditions
of the Company. In the event that the Labor Code and related regulations of Vietnam
are amended, the provisions set forth herein shall also be amended in a timely manner
in accordance with such amendments.
Chapter I. General Provisions
Article 1.
These Internal Labor Rules (these “Rules”) are the regulations in relation to labor rules
and regulations with which employees of the Company shall comply.
Article 2.
Any matter not provided for in these Rules or any other rules or regulations shall be
construed and resolved in accordance with the Labor Code and related regulations of
Vietnam.
Article 3.
The Company and the employees shall comply with these Rules, and shall make efforts
to mutually cooperate in conducting Company business.
Article 4.
These Rules shall apply to all employees who enter into labor contracts with the
Company in any form whatsoever.
Chapter II. Working hours
Article 5. Working Days and Weekly Days Off
1. The working days of the Company shall be either five (5) or six (6) days a week,
depending on the nature of the work.
2. Where the working days of the Company are five (5) days, the weekly days off shall
be Saturdays and Sundays. Where the working days of the Company are six (6)
days, the weekly days off shall be Sundays.
Working days = 6 days
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Weekly
Days
Off
Working
Days
Working
Days
Working
Days
Working
Days
Working
Days
Working
Days
Working days = 5 days
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Weekly
Days
Off
Working
Days
Working
Days
Working
Days
Working
Days
Working
Days
Weekly
Days Off
Article 6. Working Hours and Rest Breaks
1. The working hours of the Company are weekly basis, and shall be 48 hours per
week.
2. The working hours per day of the Company shall be either eight (8) hours per day
or ten (10) hours per day.
3. The unpaid rest break time of employees of the Company shall be one hour per
day from 12:00 to 13:00.
4. The working hours and unpaid rest breaks of employees of the Company shall be
as follows:
Working hours = 48 hours per week (8 hours per day)
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Working
Hours
- 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours
Starting
Time
- 8:00 8:00 8:00 8:00 8:00 8:00
Ending
Time
- 17:00 17:00 17:00 17:00 17:00 17:00
Rest Break
Time
- 1 hour 1 hour 1 hour 1 hour 1 hour 1 hour
Working hours = 48 hours per week (10 hours per day)
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Working
Hours
- 10 hours 10 hours 8 hours 10 hours 10
hours
-
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Starting
Time
- 8:00 8:00 8:00 8:00 8:00 -
Ending
time
- 19:00 19:00 17:00 19:00 19:00 -
Rest Break
Time
- 1 hour 1 hour 1 hour 1 hour 1 hour -
5. Employees may, at their discretion, take rest breaks for a total of approximately
0.5 hours calculated as working hours.
6. The Company shall notify employees in advance of which working days and
working hours are applicable.
7. The Company may, at its decision and with the agreement of employees, change
working days and working hours. However, when working days and working
hours are changed, employees shall not be required to work continuously in
violation of the Labor Code and related regulations of Vietnam. If the changed
working hours fall under night working hours, Article 7 of these Rules shall apply.
8. Employees shall make all preparations to commence work by the starting time
of working hours.
Article 7. Night Working Hours
1. Night working hours shall be calculated from 22:00 until 6:00 the following day.
Employees who work night working hours may take a 45-minute continuous rest
break in accordance with laws and regulations.
2. The Company shall pay to employees who work night working hours a statutory
extra wage equivalent to 30% of the wage calculated on the basis of normal wages.
3. In addition to Paragraph 2 of this Article, the Company shall determine and pay an
allowance to employees who work night working hours.
Article 8. Additional Working Hours (Overtime)
1. Employees may agree with the Company to work overtime hours in excess of the
working hours set forth in Article 6 of these Rules or on weekly days off, public
holidays, or paid days off.
2. The Company shall obtain employees’ consent for overtime hours.
3. Overtime hours shall not exceed 50% of the working hours per day. The sum of
working hours and overtime hours shall not exceed 12 hours per day, and overtime
hours shall not exceed 40 hours per month or 200 hours per year.
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4. All overtime hours shall be approved by the Company in advance in writing, by e-
mail, or in the Company’s system.
5. In relation to overtime hours, the following overtime hours allowances calculated
based on normal wages shall be paid:
Conditio
ns
Wages
for
Overti
me
Hours
Notes
Overtim
e Hours
on
Working
Days
150% -
Overtim
e Hours
on
Weekly
Days Off
200% -
Overtim
e Hours
on
Public
Holidays
and Paid
Days Off
300% Wages for national holidays and paid days off shall not be
included in the wages for daily-paid employees.
Night Overtime
Hours
(In addition to
Paragraph 2 of
Article 7 of these
Rules, extra wages
equivalent to 20%
of the wages
calculated on the
basis of normal
Hourly
wages
actually
paid for
work
perform
ed on
regular
working
x
150
% or
200
% or
300
%
+
Hourly
wages
actually
paid for
work
perform
ed on
regular
working
x 30
% + 20
% x
Hourly
wages
during
the
daytim
e on
regular
workin
g days
or
x
Night
Overti
me
hours
5
wages for working
days, weekly days
off, or public
holidays shall be
paid. Specifically, it
will be calculated
shown in the right
column.)
days days weekly
days-
off,
nation
al
holiday
s, New
Year’s
holiday
s, or
paid
days
off
Article 9. Additional Working Hours (Overtime) in Special Cases
1. The Company may request employees to work overtime hours, and employees shall
not refuse such request in the following cases:
(1) Implement a mobilization order to ensure that national defense and security
tasks are implemented in accordance with the law; and
(2) To carry out work aimed at ensuring preservation of human life and assets of
agencies, organizations and individuals during prevention and remedying
consequences of a natural disaster, fire, dangerous epidemic or tragedy,
except where there is a risk of adverse impact on the life or health of
employees in accordance with the law on occupational safety and health.
Chapter III. Holidays
Article 10. Public Holidays
1. Employees shall have the right to take the following holidays as provided under law:
Western New Year: one day (the first day of January of each calendar year);
Lunar New Year Holiday: five days (determined in accordance with a decision
of the Prime Minister made annually);
Hung Kings Commemoration Day: one day (the tenth day of March of each
Lunar year);
Victory Day: one day (the thirtieth day of April of each calendar year);
International Labor Day: one day (the first day of May of each calendar year);
and
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National Day: two (2) days (the second day of September of each calendar
year and the first or the third day of September of each calendar year)
(determined in accordance with a decision of the Prime Minister made
annually);
If a public holiday coincides with a weekly day off, employees may take a
weekly day off on the next working day, for a total of eleven (11) days.
2. Foreigners working in Vietnam may, in addition to the public holidays, take one
traditional new year holiday and one national day with pay.
Article 11. Annual Paid Leave
1. Employees who have worked at the Company under normal conditions and working
environment for twelve (12) consecutive months shall be entitled to twelve (12) days
of paid leave per year.
2. Employees who have worked at the Company for less than twelve (12) months shall
be entitled to paid leave corresponding to the number of months worked.
3. The number of days of annual paid leave shall be increased by one day of paid leave
for every five years worked at the Company.
4. Employees shall request in advance to take paid leave.
5. Employees may request annual paid leave. However, the Company may change the
date of such leave if it determines that such paid leave will affect its business.
6. When taking paid leave, employees shall hand over their work during their leave to
other employees so as not to affect the Company’s business.
7. The Company shall purchase all unused annual paid leave of employees who have
not used all of their annual paid leave due to resignation, or retrenchment.
8. The Company shall purchase any paid leave more than five (5) days if five (5) days or
more days of paid leave is unused as of December 31 of each year.
Article 12. Personal Leave of Absence and Leave Without Pay
1. Employees may take personal leave with pay, upon giving notice to the Corporation,
in any of the following cases:
Employee’s marriage: three (3) days;
Marriage of a natural or adopted child: one (1) day; and
Death of a natural parent, parent-in-law, adoptive parent, spouse’s adoptive
parent, spouse, natural child or adopted child: three (3) days.
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2. Employees may take one day of unpaid leave upon the death of a grandparent or
sibling, or upon the marriage of a parent or sibling. Employees shall give prior notice
to the Company to take leave.
3. Male employees covered by social insurance may take maternity leave when their
wives give birth as follows:
five (5) business days;
In the case of surgery and delivery less than thirty-two (32) weeks gestation:
seven (7) business days;
Birth of twins: ten (10) business days;
Birth of triplets or more: three (3) additional working days for each third or
further children born; and
If twins or more require surgery: fourteen (14) business days.
The maternity leave for male employees set forth in this Article shall be taken no
later than thirty (30) days after the date on which their wife gives birth.
4. The following shall apply to unpaid leave other than unpaid leave under Paragraphs
1, 2, and 3 of this Article:
(1) Priority shall be given to paid leave, and unpaid leave shall only be granted
where employees have no paid leave;
(2) A maximum of twenty (20) days unpaid leave per year may be granted;
(3) Applications for unpaid leave must be submitted to the Company at least one
week prior to the desired date and approved by the Company on or before
the desired date;
(4) Prior to the submission of an application for unpaid leave, specific and clear
reasons shall be explained to, and discussed with, the employee’s immediate
supervisor and the Human Resources Department for approval;
(5) Upon receipt of an application, the Company shall determine whether to
approve such application upon hearing the opinions of the employee’s
immediate supervisor and the Human Resources Department; and
(6) Employees who have taken leave without obtaining approval through the
proper procedures shall be deemed to be absent from work without
permission.
Article 13. Sick Leave
1. Employees shall submit a medical certificate from a public authority-approved
doctor to the Company if they take leave due to injury or illness that causes them to
visit a hospital. Employees who do not submit such medical certificate, shall not be
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deemed to be on sick leave, and shall be deemed to be absent from work without
permission.
2. Employees with one of the diseases specified in the Ministry of Health’s list of
diseases requiring long-term treatment may take long-term sick leave.
(1) The Company may make a claim for benefits to the Vietnam Social Insurance
Agency on the basis of the submitted medical certificate. However, the
procedures for making a claim for benefits to the Vietnam Social Insurance
Agency shall not be undertaken unless the employee submits a medical
certificate.
(2) Employees may receive social insurance benefits during long-term sick leave
in accordance with the related laws and regulations. The Company shall not
be obligated to make payments for any benefits or compensation.
3. The Company shall bear all treatment costs for work-related injuries and illnesses,
including first treatment, initial examination, and the completion of treatment.
(1) Where an employee is absent from work for treatment or during the period of labor
function rehabilitation for an injury or illness caused by work-related reasons (when
it falls under occupational accident or occupational disease), the employee shall be
paid in accordance with the Occupational Safety and Health Law, without being
regarded as sick leave or using paid leaves.
4. Employees shall bear their medical costs for leave of absence due to injury or illness
not caused by work-related reasons.
(1) While on sick leave, priority shall be given to paid leave and if there is no
paid leave, unpaid leave shall be taken.
Article 14. Provisions for Female Employees
1. Female employees may take a total of six (6) months leave (maternity leave) before
and after childbirth. The period of maternity leave prior to childbirth shall not exceed
two (2) months.
2. During the period of maternity leave, no wages shall be paid by the Company.
However, employees may receive benefits from the Vietnam Social Insurance
Agency.
3. Applications for maternity leave shall be made on or before twenty (20) days prior
to birth by submitting a maternity leave form.
4. In the case of the birth of twins or more, one month of additional maternity leave
for each child may be taken for the second and further children.
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5. During maternity leave in accordance with the law, female employees may be
treated as pregnant women in accordance with the Social Insurance Law.
6. Upon expiration of maternity leave, female employees may, if necessary, extend
their leave by taking unpaid leave with the agreement of the Company.
7. After taking maternity leave for a minimum of four (4) months, female employees
may return to work prior to the end of their maternity leave, provided that they
provide a doctor’s certificate to the Company stating that such early return to work
will not interfere with their health. In such event, in addition to the wages paid by
the Company, such employees may continue to receive maternity leave allowances
in accordance with the Social Insurance Act.
8. Female employees may, during working hours and without a change in wages, take
a rest break of 30 minutes per day in the event of menstruation, and 60 minutes per
day if they have a child of less than twelve (12) months.
Chapter IV. Labor Contracts
Article 15. Form of Labor Contracts
1. Prior to hiring an employee, the Company and the employee shall enter into a labor
contract.
2. The labor contract shall be concluded in writing, and two copies shall be prepared,
with one copy being retained by the employee and the other copy being retained by
the Company.
3. Labor contracts may be concluded electronically in the form of data messages
equivalent to written labor contracts in accordance with the provisions of the Law
on Electronic Transactions.
4. Labor contracts shall be legally binding. The Company and employees shall fulfill the
obligations under such contracts, and neither party may unilaterally amend such
contracts. However, any change in the name of the Company, its legal representative
or employees’ names shall not affect the validity of such labor contracts.
Article 16. Types of Labor Contracts
1. Labor contracts must be concluded in accordance with the following types of
agreements:
(1) Indefinite term labor contract: a contract without a term and date of
termination of the effective term.
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(2) Definite term labor contract: a contract with a definite term and date of
termination of the effective term within a period not exceeding thirty six (36)
months from the effective date of the contract.
2. A definite term labor contract may be extended only once. Subsequent labor
contracts shall be indefinite term labor contracts.
3. Where an employee continues to work without a new labor contract being
concluded after the expiration of a definite term labor contract, the following shall
apply:
(1) Within thirty (30) days of the expiration date of the labor contract, the parties
shall conclude a new labor contract;
(2) Until a new labor contract is concluded, the rights, obligations and interests
of both parties shall be subject to the previously concluded labor contract.
(3) Where the parties do not conclude a new labor contract after thirty (30) days
have elapsed from the expiration date of the labor contract, the previous
labor contract shall be deemed to be an indefinite term labor contract.
Article 17. Probationary Period
1. An individual who is on probation shall conclude a labor contract with a probationary
period or a probation agreement prior to the commencement of the probationary
period with the Company.
2. The probationary period shall be based on the nature and degree of complexity of
the work, and only one probationary period may be fixed for one job; and the
following conditions shall be guaranteed:
(1) Corporate managers under the Law on Enterprises and the Law on
Management and Use of State Capital Invested in Production and Business
at Enterprises: the probationary period shall not exceed one hundred and
eighty (180) days;
(2) Work in positions requiring either a professional or technical level of
expertise beyond junior college: the probationary period shall not exceed
sixty (60) days;
(3) Experts, technicians and administrative staff in positions requiring a mid-
level of professional and technical expertise: the probationary period shall
not exceed thirty (30) days; and
(4) Other work: the probationary period shall not exceed six (6) days.
3. Wages during the probationary period, as agreed by the parties, shall be not less
than 85% of the wages for similar work.
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4. Upon termination of the probationary period, the Company shall notify the
individual subject to the probationary period of the results of the probationary
period.
5. During the probationary period, either party may terminate a probation agreement
or concluded labor contract without prior notice and without compensation for
damages.
Article 18. Assigning work to employees other than that set forth in labor
contracts
1. In the event of unexpected difficulties due to natural disasters, fires, dangerous
epidemics, application of measures to prevent or address occupational accidents,
occupational illness, electrical accidents, water incidents, or production or
management needs, the Company may temporarily assign work to employees
other than that set forth in the labor contract. However, such assignment shall not
exceed a total of sixty (60) days in any one year.
2. The case where the Company temporarily assigns work to employees other than
that set forth in the labor contract due to production or management needs is in
the following:
(1) A department or project needs support to solve an overload;
(2) A department or project is experiencing a reduction in workload and get
overstaffed;
(3) A new department or project has been established or is being prepared for
which support is needed; or
(4) There is a shortage or excess of personnel due to other reasons.
3. Where employees are temporarily assigned work other than that set forth in their
labor contracts, the Company shall give the employees no less than three (3)
business days’ notice in advance, specify the duration for such temporary
assignment, and assign work to the employees in accordance with their health and
gender.
4. If employees agree in writing, the Company has a right to change their job
descriptions depending on the needs of the business, employees’ abilities,
experience, skills and other circumstances.
5. Employees may apply to the Company if they wish to change their work. However,
if the Company does not approve such application, employees shall comply with
the Company’s decision.
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6. Employees who are assigned work other than that set forth under their labor
contracts shall be paid wages in accordance with such new work.
7. If the wages of the new work are less than those set forth in the labor contract,
the wages of the previous work shall be maintained for thirty (30) working days.
Wages for the new work shall be no less than 85% for those of the previous work,
and shall not be less than the minimum wage.
8. The Company shall pay the leave allowances below to employees who do not agree
to a temporary assignment of more than sixty (60) days per year in relation to work
other than that set forth in the labor contract and who take leave:
(1) If the leave is fourteen (14) working days or less: the wages when the leave
is taken shall be those as agreed between the Company and the employees.
However, such wages shall not be less than the minimum wage.
(2) If the leave exceeds fourteen (14) working days: the wages when the leave is
taken shall be those as agreed between the Company and the employees.
However, the Company shall assure employees that such wages shall not be
less than the minimum wage for the first fourteen (14) days.
Article 19. Secondment
1. Upon agreement between the Company and the employees and determination of
the terms and conditions for a secondment, the Company may, regardless whether
domestically or overseas, second employees to an affiliated company such as a
subsidiary or parent company.
2. Upon secondment, performance of the employees’ labor contract shall be
suspended.
Article 20. Employees’ Right to Terminate Labor Contract
1. Employees shall give prior notice to the Company of the following periods when
terminating labor contracts:
Indefinite term labor contract: Not less than forty five (45) days’ advance
notice;
Twelve (12)- to thirty six (36)-month definite term labor contract: Not less
than thirty (30) days in advance; and
Definite term labor contract of less than twelve (12) months: Not less than
three (3) working days’ advance notice.
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2. Employees may terminate their labor contracts without prior notice, except as
permitted under the Labor Code and related regulations in Vietnam, in the following
cases:
(1) Except as set forth in Article 18 of these Rules, where there is a failure to
assign work or the workplace as agreed under labor contracts, or where there
is a failure to guarantee working conditions;
(2) Except as set forth in Article 97, Paragraph 4 of the Labor Code of Vietnam,
where there is a failure to fully pay or delay in paying the wages set forth in
the labor contract;
(3) Where subject to abuse, assault, insulting behavior, acts detrimental to
health, dignity, or honor in the workplace, and forced labor;
(4) Where subject to sexual harassment in the workplace;
(5) Where pregnant employees are required to refrain from performing their
work;
(6) Unless otherwise agreed, where employees reach the retirement age; and
(7) Where the Company provides untruthful information to employees that
affects the performance of their labor contracts
Article 21. Company’s Right to Terminate Labor Contract
1. The Company may terminate the labor contract in the following cases:
(1) Where employees frequently fail to perform their work set forth in the labor
contract. The decision shall be made by the employer in accordance with its
established performance assessment criteria. However, if a basic-level
workers’ representative organization has been established, the opinion of
such organization shall be taken into account;
(2) Where employees who have been ill or who were injured in an accident are
receiving medical treatment for twelve (12) consecutive months (for
indefinite term labor contract), six (6) months (for twelve (12)- to thirty six
(36)-month definite term labor contract), or more than one-half of the term
of the labor contract (for definite term labor contract of less than twelve (12)
months), and are unable to regain their capacity to work; However, upon
employees regaining their capacity to work, the Company shall consider
extending their labor contracts;
(3) Where the Company has taken all measures against natural disasters, fires or
other force majeure events as prescribed by the government, but is forced
to reduce its production scale and personnel.
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(4) Where employees fail to return to the workplace after the expiry of the
suspension period of their labor contracts;
(5) Unless otherwise agreed, where employees reach the retirement age;
(6) Where employees voluntarily fail to perform their work for more than five
(5) consecutive business days without justifiable grounds; or
(7) Where employees fail to provide truthful information to employers that
affects the hiring of employees.
2. If the Company terminates labor contracts for any of the reasons set forth in Sub-
paragraphs (1), (2), (3), (5) or (7) of Paragraph 1 of this Article, the Company shall
give prior notice to the employees for the following periods:
Indefinite term labor contract: Not less than forty five (45) days’ advance
notice;
Twelve (12)- to thirty six (36)-month definite term labor contract: Not less
than thirty (30) days in advance; and
Where the labor contract is a definite term labor contract of less than twelve
(12) months or is terminated for the ground set forth in Sub-paragraph (2)
of Paragraph 1 of this Article: Not less than three (3) working days’ advance
notice.
3. If the Company terminates labor contracts for any of the reasons set forth in Sub-
paragraphs (4) or (6) of Paragraph 1 of this Article, prior notice shall not be required.
Article 22. Conditions for Termination of Labor Contract
1. Labor contracts shall be terminated under the following conditions:
(1) Where the term of the labor contract has expired;
(2) Where work has been completed in accordance with the labor contract;
(3) Where the parties agree to terminate the labor contract;
(4) Where employees are sentenced to imprisonment in accordance with a
legally valid judgment or decision of a court, and (i) have not been given a
suspended sentence, (ii) are not subject to release as set forth in the Criminal
Procedure Code, (iii) have been sentenced to death, or (iv) are prohibited
from performing their work set forth in the labor contract.
(5) Where foreign employees in Vietnam are deported in accordance with a
legally valid judgment or decision of a court, or a decision of a competent
state authority.
(6) Where employees die;
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(7) Where a court has declared employees legally incapacitated, missing, or
deceased; Where the Company has terminated its activities or has received
a notice from a specialized agency regarding business registration of the
Provincial People’s Committee at the ministerial level that the legal
representative or a person entrusted with the performance of the rights and
obligations of the legal representative is absent;
(8) Where employees have been dismissed for disciplinary violations;
(9) Where employees terminate their labor contracts in accordance with Article
20 of these Rules;
(10) Where the Company terminates labor contracts in accordance with
Article 21 of these Rules;
(11) Where the Company terminates the employment of employees for
structural or technological changes or for financial reasons;
(12) Where the Company terminates the employment of employees due to
an absorption, merger, split or divestiture of the Company;
(13) Where the effective period of the work permit of foreign employees in
Vietnam has expired:
(14) Where probation is agreed under the labor contract and a party has
not meet the requirements under the labor contract, or where a party
terminates the probation agreement;
Article 23. Obligations of Employees who Unlawfully Terminate Lobor Contract
1. Employees shall not be entitled to severance allowances.
2. Employees shall pay the Company compensation equivalent to one half of one
month’s wages under the labor contract.
3. Employees who breach the provisions in relation to the advance notice periods shall
pay the Company compensation for the employees’ wages proportionate to the
number of days for which no advance notice was provided.
4. Employees shall reimburse the Company for training costs.
Article 24. Obligations of Company for Unlawful Termination of Labor Contract
1. The Company shall allow employees to return to the Company and resume their
work in accordance with the concluded labor contract.
2. The Company shall pay the wages, social security, medical insurance, and
unemployment insurance for the days they were unable to work, and shall pay no
less than two (2) additional months of wages in accordance with the labor contract.
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3. If the employees do not wish to continue working, in addition to the payments set
forth in Paragraph 2 of this Article, the Company shall pay a severance allowance in
order to terminate the labor contract.
4. If the Company does not wish to accept the return of employees and the employees
agree, the Company shall pay a severance allowance in addition to the payments set
forth in Paragraph 2 of this Article. In order to terminate the labor contract, the
Company shall pay damages equivalent to no less than two (2) months’ wages under
the labor contract.
Article 25. Severance Allowance
1. If a labor contract is terminated for grounds under Sub-paragraphs (1), (2), (3), (4),
(6), (7), (9), and 10) of Paragraph 1 of Article 22 of these Rules, the Company shall
pay to employees who have worked more than twelve (12) months at the Company
a severance allowance equivalent to one half of one month’s wages for every year
of employment of such employees at the Company. However, the foregoing shall
not apply where employees voluntarily fail to perform their work for more than five
(5) business consecutive days without justifiable grounds and the labor contract is
terminated.
2. The work period on which the severance allowance is calculated shall be the total
period during which employees actually worked for the Company, excluding (i) the
period during which the employees were covered by unemployment benefits under
the laws and regulations governing unemployment insurance, and (ii) the work
period during which the Company paid severance allowances and unemployment
benefits.
3. The wages on which the severance allowance is calculated shall be the average
wages for six (6) consecutive months in accordance with the labor contract
immediately prior to the severance of the employees.
Article 26. Retrenchment Allowance
1. The Company shall pay to employees who have worked more than twelve (12)
months at the Company and loss their jobs for the reasons below a retrenchment
allowance equivalent to one month’s wages for every year of employment of
employees at the Company, and the amount of such allowance shall not be less than
two (2) months’ wages.
(1) Where there are structural or technological changes or financial reasons; or
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(2) Where there are the Company’s separation, division, consolidation or
merger; or a sale, leasing out, conversion of enterprise type; or a transfer of
the ownership or right of use of the assets.
2. The work period on which the retrenchment allowance is calculated shall be the total
period during which employees actually worked for the Company, excluding the
period during which the employees were covered by unemployment insurance
under the laws and regulations governing unemployment insurance and the work
period during which the Company paid severance allowances and retrenchment
allowances.
3. The wages on which the retrenchment allowance is calculated shall be the average
wages for six (6) consecutive months in accordance with the labor contract
immediately prior to the job loss of the employees.
Chapter V. Workplace Order
Article 27. Responsibilities of the Company regarding Workplace Order
1. The Company shall maintain order in the workplace and provide a safe working
environment for employees.
2. The Company shall train employees in relation to maintaining order in the workplace.
3. The Company shall prevent sexual harassment, power harassment, violence, and any
other acts that may adversely affect workplace order.
4. The Company shall prevent workplace fraud (i.e., embezzlement, kickbacks, bribery,
among others).
5. The Company shall not compel employees to assist or conceal misconduct.
6. In the event of any adverse effect on workplace order, the Company shall take
immediate action.
Article 28. Obligations of Employees regarding Workplace Order
1. Employees shall perform their work in good faith and make efforts to maintain order
in the workplace.
2. Employees shall not leave the workplace for non-work-related reasons during work
hours (excluding rest breaks).
3. Employees shall not disclose or misuse the confidential and personal information of
the Company obtained in the course of performing their work.
4. Employees shall not commit sexual harassment, power harassment, violence, and
any other acts that may adversely affect workplace order.
5. Employees shall not commit, be involved in, or conceal fraud.
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6. Employees shall immediately report to the Company any action that disrupts
workplace order.
Article 29. Compliance
1. Employees shall observe the following:
(1) Comply with the laws and regulations of Vietnam;
(2) Make efforts to reduce costs and maintain and improve productivity in
business operations;
(3) Refrain from engaging in any conduct that undermines the reputation and
credibility of the Company, regardless whether internally or externally;
(4) Comply with law and regulations related to health and safety, fire protection,
accident prevention and disease prevention;
(5) Refrain from bringing hazardous or toxic materials into the Company that are
unrelated to work;
(6) Refrain from providing false information or documents to the Company;
(7) Refrain from making harmful remarks or performing actions that damage the
Company;
(8) Refrain from acting in a manner that is or may be disruptive to the workplace;
(9) Refrain from pursuing private interests in performing work; or
(10) Refrain from engaging in political or religious activities.
Article 30. Authorization
1. Employees shall not perform the following without the authorization of the
Company:
(1) Write, publish, lecture, or appear in newspapers, magazines, and on the
Internet, among others, in connection with their work;
(2) Use the name, equipment, and tools of the Company for purposes other than
work-related purposes;
(3) Post, send or distribute Company publications;
(4) Engage in commercial activities or fund raising activities within the company;
(5) Enter restricted areas;
(6) Receive personal gifts, among others;
(7) Post signs, posters, among others, in the Company; and
(8) Enter into an employment relationship in the same industry.
2. Notwithstanding that the Company has given authorization to engage in the above-
mentioned acts, the Company may revoke its authorization if necessary.
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Article 31. Sexual Harassment
1. The Company strictly prohibits sexual harassment in the workplace.
2. The Company shall make efforts to prevent sexual harassment in the workplace.
3. Sexual harassment means a proposal, request, suggestion, intimidation, coercion of
exchanging sexual relations for any benefit related to works or acts with a sexual
nature that are not intended to be exchanged, but cause the working environment
to become uncomfortable and unsettling, lead to physical, mental damage, harm
work efficiency and life of the sufferer.
4. The workplace means any place where an employee actually works according to an
agreement with the Company or an assignment by the Company, including work-
related places or spaces such as social activities, seminars, training, formal working
trips, meals, telephone conversations, communication activities via means of
transportation arranged by the Company from the residence place to the workplace
and vice versa, the residence place provided by the Company and another location
specified by the Company.
5. Sexual harassment in the workplace includes following cases:
(1) Physical behavior including sexual actions, gestures, contact, or physical
impact on the body sexual suggestions;
(2) Verbal sexual harassment, including by direct conversation, telephone or
electric means with sexual content or sexual implications; and
(3) Non-verbal sexual harassment, including using body languages, displaying
and describing visual material about sexual or related to sexual activity, also
including via electronic means.
6. Among conduct that constitutes sexual harassment, sexual harassment by Physical
behavior shall be deemed to be severe sexual harassment and Verbal sexual
harassment or Non-verbal sexual harassment shall be deemed to be minor sexual
harassment.
Article 32. Principles for Sexual Harassment in the Workplace
1. The Company shall identify and process information on sexual harassment in the
workplace in a prompt and timely manner.
2. In the process of handling sexual harassment in the workplace, the Company shall
take the necessary measures to protect the personal information, honor, reputation,
personality, and safety of the person who was subjected to sexual harassment, the
complainant or the respondent.
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3. The Company shall timely provide psychological care to those who was subjected to
sexual harassment in the workplace.
Article 33. Procedures for Dealing with Sexual Harassment in the Workplace
1. A person who discovers sexual harassment in the workplace or who has been
subjected to sexual harassment in the workplace may immediately send a complaint
or accusation to the management department in writing or by e-mail. A
complaint/accusation letter shall consist of the following main contents:
(1) The time and place where the sexual harassment occurred;
(2) The name and department of the person who committed sexually
harassment;
(3) The specific description of the sexual harassment; and
(4) The list of witnessed to the sexual harassment and evidence of the
occurrence of the sexual harassment (if any).
2. If the complaint or accusation is found to be well-substantiated, the Company shall
take prompt and effective action to stop the sexual harassment. The Company
pledges to take the necessary measures to stop sexual harassment, where the
Company recognizes that sexual harassment in the workplace has occurred in the
workplace, even if there is no complaint or accusation from employees.
3. The Company shall take appropriate action to investigate and verify the matter
within ten (10) business days from the time of receipt of the employee's complaint
or accusation. The Company shall reach a final conclusion on the employee's
complaint or accusation and determine the necessary action to be taken within sixty
(60) business days from the completion of the investigation. Provided, however, that
if the Company determines that more time is necessary for the investigation, the
time frame for investigation, publication of conclusions, and determination of action
will be extended.
4. The employee who is found to have committed sexual harassment, or who
intentionally made a false complaint or accusation, shall be subject to demotion or
dismissal in accordance with the procedures for labor disciplinary action set forth in
Article 44 and Article 45 of these Rules or the Labor Code of Vietnam and related
regulations.
• An employee who intentionally made a false complaint or accusation is an
employee who has fabricated false information about sexual harassment, or
who has disseminated information about sexual harassment or made a false
complaint or accusation knowing it be untrue.
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5. The employee who is found to have committed sexual harassment, or who
intentionally made a false complaint or accusation shall apologize to and
compensate those who were subjected to such sexual harassment or those who
were subjected to such complaint or accusation due to such false complaint or
accusation.
• The damage subject to compensation shall be physical damage and mental
suffering. The amount of the compensation shall be determined upon
consultation between the relevant parties. If no agreement is reached, the Civil
Code, Penal Code, or other relevant laws and regulations shall apply.
• If the employee who has been subjected to sexual harassment suffers a
reduction in salary or is demoted or denied promotion as a result of resisting
such sexual harassment, and thereby suffers a reduction in salary, such
employee who has been subjected to sexual harassment shall be compensated
in an amount equivalent to the reduction in salary.
• If the employee against whom a false complaint or accusation has been made
suffers a reduction in salary or is demoted or denied promotion, and thereby
suffers a reduction in salary, such employee against whom such false complaint
or accusation has been made shall be compensated in an amount equivalent to
the reduction in salary.
6. If there is misinterpretation of facts in the process or conclusion of the Company’s
investigation and final decision, resulting in damage to those were subjected to
sexual harassment, those who made a complaint or accusation, or those against
whom a complaint or accusation was made, the Company shall make a public
apology and compensate for such damage or jointly compensate with any other
offenders.
7. The Company may implement any of the following corrective measures if necessary:
(1) Measures that facilitate the physical and mental recovery of those who
were subjected to sexual harassment or those against whom a complaint or
accusation was made due to a false complaint or accusation.
(2) Reinstate or promote those who were subjected to sexual harassment if
they were demoted or denied promotion as a result of resisting such sexual
harassment.
(3) Reinstate or promote those who were demoted or denied promotion or
who were wrongly disciplined as a result of a false complaint or accusation
made against them.
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(4) Any other corrective measures set forth in laws and regulations.
Article 34. Attire
1. Employees engaged in work that does not require wearing work-related protective
gear shall wear clothing that is clean, neat, and appropriate for their work and the
workplace, and shall wear uniforms when required by the Company.
2. Employees engaged in work that requires wearing work-related protective gear shall
wear protective clothing, work safety shoes, protective helmets, gloves, boots, and
other protective gear, in accordance with the Company’s work safety regulations.
Article 35. Behavior
1. Be polite and respectful when communicating with colleagues.
2. Maintain a sense of solidarity with colleagues and assist each other at work and in
daily life.
3. Learn from those with experience, and actively exchange opinions and suggestions
to enhance each other’s abilities.
4. If internal disagreements or conflicts arise, resolve them through discussion on the
basis that work takes precedence and that the interests of all parties are respected.
Chapter VI. Occupational Health and Safety
Article 36. Responsibilities of the Company
1. The Company shall be responsible as follows for occupational health and safety:
(1) Written instructions regarding machinery, equipment and workplace
occupational health and safety shall be prepared and presented in an easily
visible and readable place in the workplace.
2. The Company shall ensure that the space, ventilation, dust, odor, toxic gases,
radioactivity, electromagnetism, heat, humidity, noise, vibration and other
hazardous substances in the workplace meet the standards, and shall periodically
inspect and measure the same.
3. The Company shall regularly maintain and inspect plants, machinery, equipment and
warehouses.
4. The Company shall take measures to eliminate and reduce hazardous and toxic
substances, improve working conditions and protect the health of employees.
5. The Company shall inspect and evaluate hazardous substances.
6. The Company shall formulate an action plan for ensuring occupational health and
safety and hear input from organizations representing employees at the workplace.
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7. Employees who work in areas under conditions that may cause poisoning or
infection shall undergo detoxification and disinfection measures provided by the
Company after the end of working hours.
8. The Company shall provide periodic medical examinations with employees at least
once a year.
Article 37 Obligations of Employees
1. Employees shall be subject to the following obligations for occupational health and
safety:
(1) Comply with occupational safety and occupational health rules, regulations
and work- related bylaws;
(2) Properly use and store loaned and provided protective work garment and
tools as well as Company occupational safety and health equipment;
(3) Where it is found that an occupational accident, occupational illness, or
dangerous accident, among others, may occur, employees shall promptly
report to the personnel in charge; Participate in measures and corrective
action against occupational accidents as ordered by the Company; and
(4) Undergo annual physical examinations every year conducted by the
Company.
Chapter VII. Protection of Company Assets, Management Secrets, Technical
Secrets, and Intellectual Property Rights
Article 38. List of Assets, Management Secrets, Technical Secrets, and
Intellectual Property Rights
1. Assets include machinery, equipment, tools, stationery, and electricity and water
related equipment.
2. Management secretes and technical secrets include the following:
(1) Confidential personnel information (i.e., wage information in action,
personnel systems and policies, employee personal information, computer
passwords, security codes, among others);
(2) Company confidential information (i.e., headquarters or Company sales
manuals, business plans, management systems, finance, project plans,
various agreements, internal approval documents, and other related
information);
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(3) Trade secrets (including all past, present and future drawings, site
photographs or transactions, management information, among others, of
the Company and its customers); and
(4) Any other information that the Company has designated as confidential and
that it has requested for the purpose of protecting its employees.
3. The intellectual property rights of the Company include employee-developed work
plans, work-related certificates, and copyrights.
Article 39. Infringement of Assets, Management Secrets, Technical Secrets, and
Intellectual Property Rights
Employees shall not commit any of the following acts:
1. Use the Company’s assets for non-business purposes without the Company’s
authorization;
2. Access or acquire specific information on management secrets, technical secrets, or
intellectual property rights by violating the confidentiality measures implemented
by the Company; or
3. Leak, use or copy specific information on management secrets without the
Company’s authorization.
Article 40. Responsibility and Measures for Protection of Assets, Management
Secrets, Technical Secrets and Intellectual Property Rights
1. Employees shall be responsible for the protection of assets, business secrets,
technical secrets and intellectual property rights.
2. Employees shall economize in the use of assets, and perform regular maintenance
of equipment and supplies.
3. Employees shall not unlawfully use, sell, transfer, or damage the Company’s assets,
management secrets, technical secrets, or intellectual property rights.
4. The Company shall provide training to employees on the protection of assets,
management secrets, technical secrets, and intellectual property rights.
Chapter VIII. Labor Disciplinary Violations and Forms of Labor Disciplinary Action
Article 41. Form of Labor Disciplinary Actions
1. If employees violate the Labor Code of Vietnam and related regulations, or these
Rules, any of the following forms of labor disciplinary action shall be taken,
depending on the extent of the violation:
(1) Reprimand;
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(2) Deferral of wage increase for a maximum of six (6) months;
(3) Demotion; or
(4) Dismissal.
Article 42. Reprimand
1. Employees who commit any of the following acts shall be reprimanded:
(1) Failure to comply with work orders or instructions;
(2) Absent from work without authorization and without justifiable grounds for
a total of less than five (5) days in a 30-day period or less than twenty (20)
days in a 365-day period. The number of days shall be calculated from the
first day of unauthorized absence. The following may be found to be
justifiable grounds: natural disasters, fires, employees’ own illnesses or that
of their relatives as confirmed by an authorized medical institution;
(3) Late arrival to, or early departure from, the workplace;
(4) Sleeping during working hours; or
(5) Failure to actively work or working negligently.
(6) Painting graffiti on walls or disposing of garbage other than designated areas
in the office or on a job site;
(7) Smoking in areas other than designated areas;
(8) Carelessly using dangerous or flammable substances; or
(9) Engaging in conduct that adversely affects the work office environment.
Article 43. Deferral of Wage Increase for a Minimum of Six (6) months
1. Employees to whom any of the following applies shall be subject to a deferral of
wage increase for a maximum of six (6) months:
(1) Receive two or more reprimands within a three (3) month period;
(2) Violate Paragraphs 1, 2, 5 and 6 of Article 28 of these Rules and commit any
act that disturbs the order of the workplace;
(3) Violate the compliance provisions under Article 29 of these Rules;
(4) Violate the authorization provisions under Article 30 of these Rules;
(5) Violate Article 37 of these Rules and commit any act that harms the
occupational safety and health of the Company;
(6) Consuming alcoholic beverages during working hours;
(7) Falsifying attendance management records;
(8) Intentionally concealing employees’ own violations; and
(9) Failure to report violations of other employees.
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2. Employees who commit any of the following acts and have not caused serious
damage to the Company’s property or interests shall be subject to a deferral of wage
increase for a maximum of six (6) months :
(1) Falsify documents relating to the payment of wages, travel expenses and
other expenses and obtained improper payments;
(2) Intentionally engage in quarreling and disrupt the activities of the company;
(3) Use the assets of the Company or those of others without permission; and
(4) Significantly harm workplace hygiene; “Significantly harm” shall mean (i)
harm from which recovery is not immediately possible, and for which
temporary suspension of the Company’s operations is required to recover or
(ii) harm to human health.
3. Employees subject to a demotion who hold a position from which they cannot be
demoted shall be subject to a deferral of wage increase for six (6) months.
Article 44. Demotion
1. Employees to whom any of the following applies shall be subject to demotion.
(1) The case where employees who have been subject to a deferral of wage
increase for a maximum of six (6) months and have completed the deferral
period commit any of the acts set forth in Item 2 through 5 of Paragraph 1 of
Article 43 within three (3) years of the completion of the said period;
(2) The case where employees who have been reprimanded for committing an
act set forth in Item 2 of Paragraph 1 of Article 42 commit the same act again
prior to expiry of the reprimand. Committing the same act again means that
such employees again commit the disciplinary infringement for which a
disciplinary action was imposed prior to expiry of such disciplinary action in
accordance with Article 126 of the Labor Code; and
(3) Drunk Driving during work hours or commuting hours;
2. Employees who commit any of the following acts and have not caused serious
damage to the Company’s property or interests shall be subject to demotion.
(1) The case where employees who have been subject to a deferral of wage
increase for a maximum of six (6) months and have completed the deferral
period commit any of the acts set forth in Item 1 through 3 of Paragraph 2 of
Article 43 within three (3) years of the completion of the said period;
(2) Commit minor sexual harassment set forth in Paragraph 6 of Article 31 or
intentionally make a false complaint or accusation set forth in Paragraph 4 of
Article 33 in the workplace;
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(3) Commit power harassment. Power harassment is the act of causing mental
or physical distress and degrading the workplace environment beyond the
appropriate scope for work based on superiority in the workplace, such as
job position or personal relationships;
(4) Commit acts of bullying or intimidation, whether internally or externally;
(5) Represent the Company, enter into agreements, or distribute goods and
manufactured products beyond their scope of responsibility and without
permission;
(6) Undermine the reputation, assets, products, etc. of the Company;
(7) Install pirated software on the Company computers;
(8) Abuse or destroy customer assets;
(9) Falsify Company documents and signatures; and
(10) Personally receiving or causing others (including relatives, friends, and
acquaintances) to receive benefits from the Company or its business
partners.
Article 45. Dismissal
1. Employees who commit any of the following acts shall be dismissed:
(1) Robbery, corruption, gambling, or the willful injury of others in the
workplace;
(2) Consumption of narcotics in the workplace;
(3) Leak of trade secrets, technical secrets, or infringement of intellectual
property rights;
(4) Severe sexual harassment set forth in Paragraph 6 of Article 31 in the
workplace;
(5) Absence from work without authorization and justifiable grounds for a total
of five (5) days in a 30-day period or a total of twenty (20) days in a 365-day
period; The number of days shall be calculated from the first day of
unauthorized absence. The following may be found to be justifiable grounds:
natural disasters, fires, employees’ own illnesses or that of their
relatives as confirmed by an authorized medical institution
(6) Employees who have been subject to the six-month deferral of wage increase
commit a second offence before such deferral expires;
(7) Employees who have been subject to demotion commit a second offence
before such demotion expires
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2. Where employees commit any of the acts set forth in Paragraph 2 of Article 43 or
Paragraph 2 of Article 44 of these Rules and cause significant damage to the
Company’s property, interests, or special, significant damage, the Employee shall be
dismissed.
3. Amounts that cause special, exemplary damage to the property or interests of the
Company: amounts that exceed ten (10) months of the minimum wage applicable to
the region in which the Company is located in accordance with state regulations.
4. Amounts that cause special, significant damage to the Company’s property or
interests: amounts that exceed twenty (20) months of the minimum wage applicable
to the region in which the Company is located.
Article 46. Principles and Procedures for Labor Disciplinary Actions
1. Labor disciplinary actions are stipulated as follows:
(1) The Company shall prove employees’ negligence.
(2) The Company shall prepare a written record of the violation and send it to
the office of the organization representing the employees. The Company
shall send a written notice (including date, place, and general descriptions)
to attend a labor disciplinary hearing to the office of the executive committee
of the organization representing the employees of which the employees
subject to the labor disciplinary action are members and to the employees
subject to the labor disciplinary action no less than five (5) business days prior
to such hearing.
If the employees subject to the labor disciplinary action are under the
age of 15, the Company shall send a written record of the violation and
a written notice to attend a labor disciplinary hearing to their legal
representatives.
The party set forth in Paragraph 3, Paragraph 4 and Paragraph 5 of this
Article, shall send a confirmation notice to attend a labor disciplinary
hearing to the Company upon the receipt of a notice to attend a labor
disciplinary hearing.
The Company shall change the time or place of a labor disciplinary
hearing where any of the attendees do not attend, notwithstanding that
the Company has received a confirmation notice to attend a labor
disciplinary hearing. In case the Company and the attendees fail to reach
an agreement, the Company will decide the time or place of a labor
disciplinary hearing.
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The Company may hold a labor disciplinary hearing where any of the
party set forth in Paragraph 3, Paragraph 4 and Paragraph 5 of this Article
do not send a confirmation notice to attend a labor disciplinary hearing
or do not attend.
(3) The organization of the office representing its employees to which the
employees subject to the labor disciplinary action are belong shall attend the
labor disciplinary hearings.
(4) The employees subject to the labor disciplinary action hearing shall attend
and may defend themselves or ask attorneys-at-law or the organization
representing them to defend them.
(5) If the employees subject to labor discipline action are under the age of 15,
their legal representatives shall attend the labor disciplinary hearings.
(6) Minutes of the labor disciplinary hearing shall be prepared and be approved
and signed by all attendees before the end of a hearing.
(7) If any of the attendees of the labor disciplinary hearing do not sign the
minutes, the reason therefor shall be specified.
2. Multiple labor disciplinary actions shall not apply to a single labor disciplinary
violation.
3. If employees simultaneously commit multiple labor disciplinary violation, only the
most severe form of disciplinary action corresponding to the most serious labor
disciplinary violation shall apply.
4. Employees to whom any of the following periods apply may not be subject to labor
disciplinary action:
(1) Employees who are on sick leave for medical treatment or leave with the
consent of the Company;
(2) Employees in detention or in custody;
(3) Employees subject to Sub-paragraphs (1), (2), and (3) of Paragraph 1 of
Article 45 of these Rules who are awaiting the findings and conclusions of a
competent investigative authority;
(4) Pregnant employees;
(5) Employees on maternity leave; and
(6) Employees raising a child less than twelve (12) months old.
5. No labor disciplinary action shall be taken for labor disciplinary violations committed
by employees who are suffering from mental illness or any other illnesses that
render them incapable of recognizing or controlling their actions.
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Article 47. Authority for Labor Disciplinary Actions
1. The contracting party under a labor contract shall have the right to determine labor
disciplinary actions for employees in accordance with the Labor Code of Vietnam,
related regulations, and these Rules.
2. The designate of the party set forth in Paragraph 1 of this Article may administer
labor disciplinary action only in the form of a reprimand.
Article 48. Limitation Period for Labor Disciplinary Actions
1. The limitation period for labor disciplinary actions shall be six (6) months from the
date of the disciplinary violation. However, if the disciplinary violation directly
relates to the leak of the Company’s finances, property, trade secrets, or technical
secrets, such limitation period shall be twelve (12) months from the date of
occurrence of the disciplinary violation.
2. The person authorized to decide labor disciplinary actions shall issue a decision on
labor disciplinary actions and send it to the attendees of the labor disciplinary
hearing.
3. The limitation period may be extended if the period set forth in Paragraph 4 of
Article 46 of these Rules has expired and the limitation period has lapsed, or if the
remainder of the limitation period is less than sixty (60) days, but not more than sixty
(60) days from the date of expiration of the period set forth in Paragraph 4 of Article
46 of these Rules.
Article 49. Suspension from Work
1. The Company may suspend employees’ from performing their work if the
disciplinary violations are of a complex nature and the Company deems it difficult to
establish if the employees may continue performing such work.
2. Suspensions from work shall be imposed after taking into account the opinion of the
organization of the office representing its employees to which the employees are
belong.
3. Suspensions from work shall not exceed fifteen (15) days, and in special cases, shall
not exceed ninety (90) days.
4. During the period of suspensions from work, employees may receive an advance
payment of 50% of their wages prior to such suspensions.
5. Upon termination of the period of suspension from work, the Company shall accept
the resumption of work for the employee.
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6. Employees subject to disciplinary action for labor disciplinary violations shall not be
required to repay the advance payment of wages received during the period of
suspension from work.
7. If disciplinary actions are not imposed on employees for labor disciplinary violations,
the Company shall pay the full amount of wages for the period of the suspension.
Chapter IX. Property Liability
Article 50. Compensation for Damages
1. Employees who damage the Company’s machinery, equipment, or conduct any
other actions to cause damage to assets, shall be liable for compensation of damages
in accordance with the law and the decision of the Company.
2. If the damage caused by the employee is due to negligence, is not serious, and the
value thereof does not exceed the ten (10) months’ minimum wages as announced
by the applicable local government, the employees shall pay compensation for
damages of not more than three (3) months, which payment shall be deducted
monthly from the employees’ wages in accordance with Paragraph 3 of Article 102
of the Labor Code.
3. If employees lose Company tools, equipment, property, or other property provided
by the company, or deplete supplies beyond the permitted extent, employees shall,
in accordance with these Rules, pay compensation of the market value of the
damages in whole or in part.
4. If a separate agreement for damages specified in Paragraph 3 of this Article is
concluded, compensation for damages shall be in accordance with such agreement.
5. Damages caused by unforeseeable natural disasters, fires, vandalism, epidemics,
accidents, or unforeseeable incidents caused by objective reasons and that are
impossible to foresee beforehand and prevent ex post facto notwithstanding taking
all necessary and possible measures may not be compensated.
Article 51. Principles, Steps and Procedures for Dealing with Damages
1. The consideration and determination of damages shall be based on employees’
negligence, actual damages, family circumstances, experience, and resources.
2. Employees subject to labor disciplinary action, suspension from work or who are
required to pay compensation for damages in accordance with the property liability
system may appeal, if dissatisfied, to the Company or to a competent authority in
accordance with the provisions of laws and regulations, or request the resolution of
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the labor dispute in accordance with the procedures prescribed under laws and
regulations.
Article 52. Authorization for Dealing with Compensation for Damages
1. The signer of the labor contract or his/her authorized representative who signed the
labor contract shall be authorized to determine compensation for damages.
Chapter X. Implementation
These Rules shall be the basis upon which the Company manages employees and takes
disciplinary action for disciplinary violations. These rules shall be published in the
workplace and notified to each employee. All employees shall strictly comply with these
Rules.
These Rules shall be established and issued by agreement with the organization
representing the Employees. These Rules shall take effect fifteen (15) days after the date
of receipt of the relevant registration document of the Company by the Ministry of Labor,
Invalids and Social Affairs.
January 1, 2021