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Working hours are one of the contents in labor regulations.
Pursuant to Article 118 of the 2019 Labor Code, employers must issue labor regulations. If they employ 10 or more employees, the labor regulations must be in writing.
The content of labor regulations must not be contrary to labor laws and relevant legal provisions. Labor regulations include the following main contents:
- Working hours, rest hours;
- Order at work;
- Safety and hygiene at work;
- Preventing and combating sexual harassment in the workplace; procedures for handling sexual harassment in the workplace;
- Protection of assets and business secrets, technological secrets, and intellectual property of employers;
- Cases where employees are temporarily transferred to work other than that specified in the labor contract;
- Labor discipline violations by employees and forms of labor discipline handling;
- Material responsibility;
- Person with authority to handle labor discipline.
Before issuing labor regulations or amending or supplementing labor regulations, employers must consult with the organization representing employees at the facility where there is an organization representing employees at the facility.
Labor regulations must be notified to employees and the main contents must be posted in necessary places at the workplace.
Thus: Working hours and rest hours are among the contents that need to be clearly defined in the employer's labor regulations.
Accordingly, employers need to clearly specify normal working hours in 01 day, in 01 week; working shifts; starting time, ending time of working shifts; overtime (if any); overtime in special cases; time for breaks other than mid-break; shift change breaks; weekly days off; annual leave, personal leave, unpaid leave.
Regulations on forms of labor discipline
Pursuant to Article 124 of the 2019 Labor Code, forms of labor discipline include:
- Reprimand.
- Extend the salary increase period for no more than 06 months.
- Dismissal.
- Fired.
In addition, Article 127 of the 2019 Labor Code stipulates prohibited acts when handling labor discipline.
- Violating the health, honor, life, reputation and dignity of workers.
- Fines and salary cuts instead of disciplinary action.
- Disciplinary action against employees who commit violations not specified in the labor regulations or not agreed upon in the signed labor contract or not regulated by labor law.
Thus: Employers are only allowed to apply the forms of labor discipline prescribed in Article 124 of the 2019 Labor Code when disciplining employees; they are not allowed to impose fines or pay cuts in lieu of labor discipline, and are not allowed to discipline employees who commit violations that are not specified in the labor regulations or not agreed upon in the signed labor contract or not regulated by labor law.
Will my salary be cut if I am late many times in a month?
As mentioned above, employers are not allowed to cut wages instead of taking disciplinary action against employees. Therefore, if an employee is late many times in a month, the employer is not allowed to cut wages.
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