Chuyên mục tư vấn luật Lao động của Công ty luật Minh Khuê

>> Luật sư tư vấn pháp luật Lao động, gọi: 1900.6162

1. Biên bản tường trình của người lao động

>> Tải về: Mẫu Biên bản tường trình của người lao động

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/BB-CT-BCHCĐ

At…….,…../…../………

 

INCIDENT STATEMENT

To: …………………….… Company.

Full name: ………………………………………………………..

Date of birth: …………………………………………………….

Current address: …………………………………………………

Level of Training/Specialization: ……………………………....

Main role: ………………………………………………………..

Division: …………………………………………………………

Department: ……………………………………………………...

Time of incident occurring or first detection of the incident: date…… month …..year……

Order of incident: …………………………………………………………………………..

Reasons of incident:………………………………………………………………………...

Pursuant to provisions of law and internal labour regulations of the Company which was duly registered with the Department of Labour, War Invalids and Social Affairs of ………, I realize that my act violating labour discipline will result in a form of labour discipline applied according to Article …… of the Labour Code and Article ….. of the internal labour regulations of the Company.

I promise I shall fix my mistakes and shortcomings and commit not acting in such way again.

By……………………

2. Mẫu Biên bản xử lý vi phạm kỷ luật lao động

>> Tải về: Mẫu Biên bản xử lý vi phạm kỷ luật lao động

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

 

MINUTES

On Settlement of Labour Discipline Violation

The meeting for consideration of settling the labour discipline violation with respect to Mr………………….. commences at …….. date…./…../…….

I. Participants in the meeting:

1. The Company’s representatives, including:

- Mr………………….. Director - Legal representative of the Company (or the authorized representative under the Power of Attorney No. …………….): Chairperson;

- Mr………………….. - Human Resource Manager; and

- Mr………………….. - In-house Lawyer.

2. Representative of the Executive Committee of the Grassroots Trade Union

Full name: ……………………………………………………………………...

Position or title: ………………………………………………………………..

3. The Employee:

Full name: ………………………………………………………………………

Division: ………………………………………………………………………..

Department: ……………………………………………………………………

Job in charge: …………………………………………………………………..

4. Father or mother or legal guardian if the Employee is under 15 years old:

Full name: ………………………………………………………………………

Position or title: ………………………………………………………………...

Permanent address: ……………………………………………………………..

5. Defence counsel (lawyer) for the Employee (if any):

Full name: ………………………………………………………………………

Position or Title: ………………………………………………………………...

Work at (organization): …………………………………………………………

6. Witness (if any):

Full name: ……………………………………………………………………….

Position or Title: ………………………………………………………………...

Division: …………………………………………………………………………

Department: ……………………………………………………………………...

Place of permanent residence: …………………………………………………...

7. Persons invited by the Employer:

Full name: ……………………………………………………………………...

Position or Title: ……………………………………………………………….

Division: ……………………………………………………………………......

Department: …………………………………………………………………….

And

Full name: ……………………………………………………………………….

Position or Title: ………………………………………………………………...

Division: …………………………………………………………………………

Department:………………………………………………………………………

II. Content:

1. The Employee presents the statement of the incident (indicating clearly the contents) such as: acts of violation, seriousness of violation, reason, form of labour discipline, etc.; if the concerned person has no statement, the employer shall present minutes of what happened or the incident being detected.

2. Ihe Employer substantiates where the Employee was at fault, indicating clearly some contents including: acts of violation, seriousness of violation, form of labour discipline, etc; in case of materials responsibility compensation, indicating the extent of damage (calculating in Vietnam Dong), method of compensation, etc.

3. The witness (if any) should present in details contents relating to the incident.

4. The representative of the Executive Committee of the Grassroots Trade Union, defence counsel for the concerned person, the concerned person (indicating whether the employers demonstration is right or wrong according to the law).

Opinion of the Executive Committee of the Grassroots Trade Union ……………………..

Opinion of the defence counsel or the Lawyer of the concerned person

- Opinion of the Employee …………………………………………….

5. The final conclusion of the Employer.

Acts of violation, seriousness of the violation and the form of labour discipline. In case of material responsibility compensation: extent of damage, level of compensation, method of compensation.

6. Participants making a reservation of their opinions in the meeting (if any).

………………………………………………………………………………………………

7. The meeting is ended at …… on date…../……/…... The minutes is made into 03 (three) original copies with equivalent legal validity, in which 01 (one) original copy is kept by the Employee, 01 (one) original copy is sent to the Executive Committee of the Grassroots Trade Union and 01 (one) original copy will be filed at head office of the Company.

Representative of the Company

 

 

………………………

Representative of the Company the Executive Committee of the Grassroots Trade Union

 

……………………

 

Human Resource Manager

 

………………

 

In-house Lawyer

 

……………

Witness

 

………….

The Employee

 

…………..

3. Mẫu Biên bản ghi nhận sự việc xảy ra

>> Tải về: Mẫu Biên bản ghi nhận sự việc xảy ra

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

 

No……/BB-CT-BCHCĐ

At…….,…../…../………

 

MINUTES OF INCIDENT

Today, on …./…../……..at head office adress of the company ……………………………

The Participants, including:

1. The Company’s representatives, including:

- Mr……………….. - Director-Legalrepresentative of the Company;

- Mr……………….. - Human Resource Manager; and

- Mr……………….. - In-house lawyer.

2. The Employee

Full Name: ……………………………………………..

Position: ………………………………………………..

Department:…………………………………………….

Division: ……………………………………………….

Staff code: ……………………………………………..

3. Witnesses:

The first witness:

Mr. …………………Position: ………………….

The second witness:

Mr. ……………..…..Position: ………………….

4. The persons related to the incident:

Mr. ………………..Position: …………….……..

Together make the following minutes of incidents:

1) Indicate the Employee s incidents of violation: ………………..

2) Assess the seriousness of violation: ……………………………

3) Give the form of discipline applying to the violation of the Employee according to the Internal Labour Regulations registered at the Department of Labour, War Invalids and Social Affairs of ……………………

4) Indicate the presentation of the witnesses: ………………………………………………

5) Indicate the opinion of the representative of the Executive Committee of the Grassroots Trade Union, if any: ………………………………………………………………………..

The minutes ended at …….. in the same day. The Minutes were made into 02 (two) original copies with the same legal validity and being filed at the head office of the Company.

The Representative

of the Company

 

The Representative of the

Executive Committee of the

Grassroots Trade Union

 

4. Mẫu Quyết định giảm thời hạn thi hành kỷ luật

>> Tải về: Mẫu Quyết định giảm thời hạn thi hành kỷ luật

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

 

DECISION OF DIRECTOR OF

…………………….

(Ref: Reduction of labour discipline period)

- Pursuant to the Labour Code issued by the National Assembly on 20 November 2019;

- Pursuant to the Internal Labour Regulation of the Company ….. “the Company” issued on …. month ….. year ……;

- Pursuant to Labour Contract No. ….. dated …/…./….. and its appendix No. …. dated ….. signed between the Company and Mr. ……………. “Labour Contract”;

- Pursuant to Decision No….. of the Company dated …../…./….. on implementation of labour discipline under the form of deferral of salary increase period against Mr…………. “Decision”; and

- Based on the fact that you have served half of the disciplinary period of deferral of the salary increase period and considering that you have tried to make progress in the past time.

DECIDES

Article 1: Reducing the period of implementing labour discipline towards the employee “Employee” with the following name and information:

Full name : …………. Identity Card/Citizenship identity/Passport No. :…………….

Date of birth : …………………………………..

Position : …………………………………..

Department : …………………………………..

Division : …………………………………..

Applied form of labour discipline : Deferral of salary increase period

Time of applying labour discipline : …… months from ….. to ……..

Having reduced the period for implementing labour discipline to …. days as applied from …… to ……………..

Article 2: The Employee, Managers of the Human Resource Department, related Departments and Divisions are responsible for implementing this Decision.

Article 3: This decision is made into 02 (two) original copies and shall take effect from the signing date, in which 01 (one) original copy shall be retained at the Company and 01 (one) original copy shall be kept by the Employee for implementation.

For and on behalf of the Company

5. Mẫu Quyết định kỷ luật lao động

>> Tải về: Mẫu Quyết định kỷ luật lao động

 

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

 

DECISION OF THE DIRECTOR OF

…………………..

(On executing the labour discipline)

- Pursuant to the Labour Code No. 45/2019/QH14 passed by the National Assembly on 20 November 2019;

- Pursuant to the documents guiding the implementation of the Labour Code with respect to the labour discipline and material responsibility;

- Pursuant to the minutes of settling labour discipline dated …./…../…..; and

- At the proposal of …………...

DECIDE:

Article 1. To execute labour discipline with respect to

Mr. ……………………………………………

Department: ………………………………….

Division: ….………………………………….

Current job: …………………………………..

Trained professional competence: …………...

Seriousness of violation: ……………………..

Form of discipline: Reprimand

Article 2. This decision is made into 02 (two) original copies with equal legal validity, in which 01 (one) original copy will be kept at head office of the Company and 01 (one) original copy will be delivered to Mr. ……………………..

Article 3. Mr…………………, Managers ofthe Human Resource Department, Accounting Department

and other related Department of the Company are responsible for implementing this Decision.

Recipients:

- As Article 4;

- The Executive Committee of the Grassroots Trade Union; and

-Archived in the Company

For and on behalf of the company

 

6. Mẫu Quyết định tạm đình chỉ công việc

>> Tải về: Mẫu Quyết định tạm đình chỉ công việc

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

 

DECISION OF THE DIRECTOR OF

…………………………….

(On the temporary suspension of work)

Pursuant to:

- Pursuant to the Labour Code No. 45/2019/QH14 passed by National Assembly on 20 November 2019 and its guiding documents;

- After referring to the consultation of the Executive Committee of the Grassroots Trade Union dated …………….; and

- At the proposal of Mr. ……………………………..

DECIDE:

Article 1. To suspend the work of Mr. ……………………………………

Department: ……………………………………………………………….

Division: ………………………………………………………….……….

Current job: ……………………………………………………………….

Trained Professional competence: ………………………………………..

Reason for the suspension of work: ………………………………………

The duration of the suspension of work is from …. to the end of ………..

The employee shall be paid in advance an amount of 50% salary: Total days or months, total amount VND ………….

Article 2. This decision shall take effect and be fully enforceable from ……. This Decision was made into 02 (two) original copies with equal legal validity. 01 (one) original copy shall be kept at the Company’s head office and 01 (one) original copy shall be delivered to Mr. …………………….,

Articles 3. The Managers of the departments such as Human Resource, Accounting departments, the division at which the employee is working and the concerned person shall be liable for the execution of this Decision.

Recipients:

- As Article 3;

- The Executive Committee

of the Grassroots Trade Union; and

-Archived at the Company

For and on behalf of the Company

7. Mẫu Thông báo về việc xem xét xử lý kỷ luật

>> Tải về: Mẫu Thông báo về việc xem xét xử lý kỷ luật

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/QĐ-GĐ

At…….,…../…../………

 

NOTIFICATION

On Consideration of the Labour Discipline Settlement

To: Mr…………………………………………

Address: ……………………………………………...

- Pursuant to the Labour Code 2019 passed by the National Assembly dated 20 November 2019 and was effective from 1 January 2021; and

- Pursuant to the documents guiding the implementation of the Labour Code with respect to the labour discipline and material responsibility.

………. Company requests you to be present at [please write the address of the Company or branch office] at ……., on date ….. month ….. year ….. participate in the meeting of consideration for the labour discipline settlement with respect to the please indicate the violated act. If you cannot attend for any such justifiable reason, please inform Mr…….of the Company. Should you not inform the Company of the reason of your absence, the Company shall perform the labour discipline as prescribed by the law.

Recipients:

- As above; and

- Archived in the Company.

For and on behalf of the Company

8. Mẫu Thông báo với Sở lao động về việc sa thải người lao động

>> Tải về: Mẫu Thông báo với Sở lao động về việc sa thải người lao động

NAME OF THE COMPANY

…………………………….

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

No……/TB-CT

At…….,…../…../………

 

Respectfully to: DEPARTMENT OF THE LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS

OF ………………… NOTIFICATION

(On the labour discipline of dismissal of an employee)

I, ……….., Director and the legal representative of ……… Company, having the head offices address at ………….., would like to notify the Esteemed Body on the labour discipline of dismissal of the Company’s employee as follows:

Full name of the Employee: …………………………………..

Labour Contract No.: …………………………………………

Signed on: …………………………………………………….

Term of contract: ……………………………………………..

Department: …………………………………………………..

Division: ………………………………………………………

Current job: …………………………………………………...

In the course of work, on ……………. Mr………… has had the violation of labour discipline (please indicate the act violating labour discipline which corresponds with the acts stipulated in the registered Internal Labour Regulations of the Company):

On ……….., the representatives of the Company hold a meeting for labour disciplines to Mr……………. and proposed the labour discipline measure of dismissal of Mr. ………. However, the representative of the Executive Committee of the Grassroots Trade Union did not agree with the labour disciplines measure of dismissal applying to Mr. ………. (Please kindly see the Minutes of Meeting No. ………. dated …/…/.... and the labour disciplines files attached).

Due to the disagreement of the representative of the Executive Committee of the Grassroots Trade Union with the labour discipline measure of dismissal given by the representative of the Company, according to the laws, by this letter, we would like to notify the Esteemed Body of the above matter. We shall bear full responsibility before the law on disciplining the employee with the above labour discipline measure.

Should any opinions related to this matter need to be expressed, please contact US via the above address or telephone No. …...

Yours faithfully,

For and on behalf of the Company

Enclosed:

- The statement of the Employee (or the Minutes of Incidents);

- The investigation documents of the governmental authority, if any;

- Minutes of labour disciplines;

- Decision on dismissal; and

- Other documents.

Trên đây là biểu mẫu đã được sưu tầm biên tập. Nếu còn vướng mắc, chưa rõ hoặc cần hỗ trợ pháp lý khác bạn vui lòng liên hệ bộ phận tư vấn pháp luật trực tuyến qua tổng đài điện thoại số: 1900.6162 để được giải đáp. Rất mong nhận được sự hợp tác!

Trân trọng./.

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