Question 156. Is an Employer required to give an Employee an advance written notice of the meeting on labour discipline if the Employee agrees to conduct the meeting without any need to go through the procedures of prior notice by the Employer?


Pursuant to Article 70.2 of Decree No. 145/2020/ND-CP of Government dated 14/12/2020, the Employer must notify the Employee the content, time, place, and the acts being considered for the discipline of the labour discipline meeting at least 5 working days, including the case where the Employee waives the right to be informed in advance or the Employee agrees to conduct the meeting without prior notification procedure. In addition, compliance with the labour discipline process and procedure to the Employee is very important. When the Employer does not comply with the procedural order, this is considered one of the legal risks for the enterprise when the Employee brings the case to a competent labour management authority or court. Accordingly, the Employer who has not strictly followed the process and procedures in line with the steps prescribed by law and this behaviour could be deemed as detrimental to the Employee, contrary to the principle of ensuring the Employee’s interest pursuant to the labour law.