Measures to Ensure and Enhance Labor Discipline.

- The law stipulates that before issuing labor regulations, employers must consult the Executive Committee of the grassroots trade union or the provisional trade union (if any) in the enterprise. Consulting the grassroots trade union in the process of developing labor regulations is to ensure the reasonableness and correctness of the regulations when applied to the labor management process. We all know that the grassroots trade union is an organization representing employees in the enterprise, this organization has the function of protecting the rights and legitimate interests of employees.

- The labor regulations must be registered at the Department of Labor, War Invalids and Social Affairs. For enterprises with facilities in many provinces and centrally-run cities, the registration of labor regulations is carried out at the provincial labor agency where the enterprise has its head office. As for enterprises located in industrial parks and export processing zones, the labor regulations are sent to the Management Board of the industrial park and export processing zone for registration when authorized by the provincial labor agency.

When registering labor regulations, the employer must attach regulations related to labor discipline and material responsibility (if any). Upon receiving the labor regulations, within 10 days, the competent authority registering the labor regulations must notify in writing the registration of the labor regulations, after reviewing and checking the legality of the provisions in the labor regulations. If the competent authority does not notify within the time limit, the regulations will automatically take effect. If the notice of the competent authority registering the labor regulations contains instructions on illegal provisions in the labor regulations and the accompanying regulations, the employer must amend, supplement and re-register. Any provisions that have been registered will take effect.

Maybe you are interested!

The procedure for registering labor regulations is very important, it not only prevents abuse of power by employers but also ensures the legal correctness of labor regulations.

Labor regulations shall take effect from the time the enterprise receives the registration notice from the competent authority or from the date of expiration of the registration notice without notice from the competent authority registering the labor regulations.

- After taking effect, the labor regulations must be announced and disseminated by the employer to each employee in the enterprise. The main contents of the labor regulations must be posted in the office, the labor recruitment office and other necessary places in the enterprise. Since the internal regulations take effect, the regulations in the internal regulations will take effect, binding the responsibilities of the parties, especially the employees in implementing the regulations. When there are changes in the provisions of labor law, collective labor agreements (if any), the labor regulations must be amended accordingly and must be re-registered. By the regulations in the internal labor regulations, it has contributed to harmonizing the interests between the parties, in order to prevent disagreements from occurring, at the same time it also contributes to raising the awareness of the parties in performing their responsibilities and obligations towards labor discipline.

2.2. MEASURES TO ENSURE AND ENHANCE LABOR DISCIPLINE.

Measures to ensure labor discipline are measures prescribed by the State and applied by employers to influence the awareness and thereby influence the behavior of employees in order to raise their awareness of respect and compliance with discipline.

There are various measures used to ensure and enhance labor discipline, including social impact measures to apply coercive measures, specifically the following:

2.2.1. Education, persuasion.

Persuasive education is a measure to influence the emotions and reason of workers so that they can see the nature, purpose and meaning of labor discipline in our society, thereby raising workers' sense of respect and voluntary compliance.

Persuasive education is considered the leading measure to ensure labor discipline. Because, under our regime, labor discipline has changed in quality compared to previous disciplinary regimes. Moreover, in principle, labor relations are relations established on the basis of free will and voluntariness of the parties. Therefore, in its very nature, it contains the element of voluntariness and self-consciousness in fulfilling labor obligations of workers.

The first persuasive educational measure requires employers, when developing their unit's labor regulations, to consider the subject of their implementation, which is the employee - one party to the labor relationship, which is essentially "equal".

Persuasive educational measures also require respect for the activities of trade unions - the representatives of the collective of workers in the labor sector.

Currently, we are in a transitional period, our economy is still a developing economy, an economy in which agriculture accounts for nearly 80%, the awareness of respecting labor discipline in a large part of the labor force is not high. Therefore, we must attach even more importance to the use of persuasive educational measures, of course, it is necessary to have a synchronous combination with other impact measures to effectively exploit this leading measure in the field of ensuring discipline. And so, it can be said that raising awareness of complying with labor discipline is a factor contributing to improving the quality of the country's human resources.

2.2.2. Social impact.

Social impact is a measure to create and direct public opinion to condemn and criticize acts of violating labor discipline and expressing attitudes.

Approval of good examples, typical individuals and groups. Public opinion of the labor collective as an evaluative assessment affects the behavior of workers and employers. It is an effective educational tool and one of the important means to prevent violations of labor discipline.

Social impact is a measure that has both ethical and legal significance because compliance with labor discipline is not only a legal obligation but also a content of social ethics. The more society develops, the higher the legal awareness of workers, the more important the role of public opinion is in supporting other measures.

2.2.3. Rewards

Rewards are a measure of spiritual recognition (with material incentives) for those who have achievements in complying with labor discipline, thereby encouraging the proactiveness of the employees themselves, as well as other employees.

Rewards are both a legal measure and a social impact measure used in parallel with persuasion. The form of reward in labor discipline is different from the bonus system (a type of additional income to salary) in that it focuses on spiritual encouragement and the state often does not stipulate specific reward levels. Titles such as "socialist labor team" or "emulation fighter", "advanced worker" used to be vibrant emulation movements in state agencies and enterprises.

In the current market mechanism, incentives and rewards in the field of labor discipline are still valued, however, the reward regime and methods also require many things different from before. In the new mechanism, in addition to spiritual values, incentives with material benefits are also promoted accordingly. Implementing incentives with material or spiritual benefits in the basic economic unit is the authority and responsibility of the enterprise.

responsibilities of employers. However, the role of grassroots trade unions and other social organizations, such as youth unions, women's unions, etc., cannot be underestimated.

We also need to note that, in addition to rewarding those who comply with labor discipline well, we cannot ignore criticizing and condemning those who disregard labor discipline, which cause harm not only to the employer but also to the labor collective. Sincere, practical, constructive opinions of the labor collective regarding cases of discipline violations often achieve unexpected results, while other coercive measures may not be effective.

2.2.4. Application of legal liability.

To ensure labor discipline, if we only focus on persuasive education, social impact or rewards to encourage workers to voluntarily comply with labor discipline, it is certainly not enough. Because, in many cases, workers, due to disregard for labor discipline, have committed violations of labor discipline, causing harm not only to the employer but also to the labor collective. Therefore, in addition to social impact measures, there must be strong enough sanctions to apply to workers who violate labor discipline, which is the application of disciplinary responsibility and material responsibility. This measure is to remind, punish or remove from the labor collective those who violate labor discipline depending on the severity of their violation, or force workers to compensate for property damage when they damage or lose assigned tools and equipment. This measure is of special nature and importance in ensuring and strengthening labor discipline in labor-using units, so we will consider it in the following section.

2.3. LEGAL RESPONSIBILITIES APPLICABLE TO EMPLOYEES WHO VIOLATE LABOR DISCIPLINE.

As we know, labor discipline is the regulations and models that employees in the employer must follow. When employees do not follow, do not follow correctly or fully those regulations, they must bear one or more adverse consequences from the employer. That is disciplinary responsibility, material responsibility.

Disciplinary responsibility and material responsibility are legal responsibilities applied to employees who violate labor discipline. They play a very important role in establishing and maintaining order and discipline in enterprises; in improving the effectiveness of enterprise management. To correctly perceive the nature of disciplinary responsibility and material responsibility in labor law, we need to clearly understand the concept of legal responsibility.

In social life in different fields, the term “responsibility” is used in many different meanings. In the field of social, political and ethical activities, the term “responsibility” is understood in a positive sense - that is duty, a positive attitude towards that duty; if “irresponsible”, it will be judged badly and condemned by the social community - that is the negative understanding. These meanings of the above term are often used in family relationships, friends, relationships with the collective, the people, the country in general or with all of humanity, such as responsibility to parents, responsibility to peace. In the legal field, “responsibility” is also used in two senses: positive and passive (negative).

On the positive side, the concept of “responsibility” means the assigned duties and tasks - it includes both rights and obligations prescribed by law. The subject of responsibility has the duty to have a positive attitude in implementing the rights and obligations assigned by the State.

In the passive aspect, the concept of "responsibility" in the legal field is understood as the adverse consequences (punitive reaction of the State) that an individual or organization must bear when failing to perform or improperly performing the assigned rights and obligations, that is, when violating the responsibility.

Responsibility is understood in a positive aspect when committing a violation of the law. That is the traditional concept of responsibility in legal science - legal responsibility. Legal responsibility only applies to acts committed in the past. To prosecute legal responsibility, it is necessary to first determine the composition of the violation of the law, including: objective aspects, subjective aspects, subjects and objects of law violations. The prosecution of legal responsibility is aimed at protecting and creating conditions for social relations to develop in the right direction and effectively. In addition to the punitive effect, the application of legal responsibility also has great significance in preventing, reforming and educating subjects who violate the law, and at the same time has the effect of deterring all others, forcing them to restrain themselves from violating the law, educating the awareness of respecting and strictly implementing the law; actively fighting against all manifestations of law violations, gradually limiting and gradually eliminating the phenomenon of law violations from social life.

As legal responsibilities, disciplinary responsibilities and material responsibilities in labor law are not outside the characteristics and roles of legal responsibilities in general. Regarding disciplinary responsibilities and material responsibilities in labor law, in our opinion, it is necessary to consider them in two aspects.

Firstly, it is the responsible relationship of employees towards the regulations on labor discipline as shown in the labor regulations of the enterprise.

Second, there are adverse legal consequences that arise when employees violate labor discipline.

However, due to the broad nature of the problem, we limit the study of disciplinary responsibility and material responsibility in labor law to the second aspect - that is, the form of responsibility applied to employees who violate labor discipline, cause damage to property and affect the order and discipline of the enterprise.

2.3.1. Disciplinary responsibility in labor law

2.3.1.1. Concept of disciplinary responsibility

Disciplinary liability in labor law is a type of legal liability applied by employers to employees who violate labor discipline by subjecting them to one of the forms of discipline prescribed by the State.

Disciplinary liability in labor law has some specific characteristics that distinguish it from other legal responsibilities, especially disciplinary liability in administrative law. These characteristics are governed by the nature of labor relations and the organization of the labor process, specifically including:

- The subject of disciplinary responsibility is the employee: According to the provisions of labor law, an employee is a person who is at least 15 years old, has the ability to work and has a labor contract, while the subject of disciplinary responsibility in administrative law is a state civil servant, who is 18 years old or older and is recruited under the state civil servant regime.

- The person with the authority to apply disciplinary responsibility is the employer. The employer can be a legal entity or an individual who is qualified to recruit workers. In terms of labor relations, the employer is only one party to the labor relationship and is essentially equal to the employee, but in the "labor" relationship of administrative law, the "employer" is a state agency with an unequal status to the "employee" who is a civil servant or public employee.

- The basis of labor discipline responsibility is violations of labor discipline, that is, violations of labor obligations that are mainly stipulated in labor regulations; the basis of disciplinary responsibility in administrative law is the obligations of civil servants and public employees. These obligations are not only included in simple labor relations but also include public service factors related to the prestige of state agencies and are stipulated in the civil service regulations.

Comment