Internal Labor Regulations is an important document in the working environment of any company or organization. It is a set of regulations, principles, and guidelines that employees shall comply with when working here. Establishing and maintaining Internal Labor Regulations not only helps organization maintain a professional and effective working environment, but also helps to ensure rights, interests, and responsibility of both labor and enterprise. However, to perform this rule, Internal Labor Regulations which the enterprise builds shall ensure compliance with the labor law regulations as well as have the ability to perform in practice. Internal Labor Regulations shall also anticipate situations that will occur and handling method.

In this article, we will learn about some points that enterprise shall notice when establishing Internal Labor Regulations.

1.The need of ensuring that regulations in Internal Labor Regulations are applicable to enterprise

This is understood that, when establishing Internal Labor Regulations, in addition to complying with labor law regulations, the enterprise shall ensure that regulations recorded in Internal Labor Regulations are applicable to enterprise itself. As you can see, the Labor Code and guiding documents are general documents and generally applicable to enterprises.

However, Internal Labor Regulations are a separate document that is adjusted separately for each enterprise. Therefore, corresponding to each scale, operational sector, working method, the enterprise establishes Internal Labor Regulations accordingly. Internal Labor Regulations, somehow, shall note regulations which ensure the element of legal compliance and element close to the demand of the enterprise, and are performed in practice when the enterprise has any problem of labor violation.

It can be understood as follows, when you are manufacturing enterprise, you will need to specify working time corresponding with each department: office department, production block, administrative time, shift working time. The issues of work safety, regulations on entrance control, honesty of worker, regulations on annual leave, unscheduled leave, who is the approver, how long is the leave, how is the method of applying for leave… are also more different than enterprises operating in the field of consulting.

Regulations on anti-conflicts of interests, information security and anti-corruption will also have difference between enterprise operating in information technology, manufacturing enterprise, restaurant….

Labor law also specified regulation on probationary period. Enterprise noting similarly labor law regulation in Internal Labor Regulations is not wrong. However it will be a big omission if Internal Labor Regulations, Operation Charters do not clearly specify what the management title is, so that there is a basis to increase probationary period accordingly.

Similarly, there are many contents that are specified in legal documents and when included in Internal Labor Regulations, you shall note it so that the content is suitable for your enterprise itself but still complies with legal regulation to ensure that competent authority will approve your Internal Labor Regulations when you perform registration procedure.

2.Specifying fully acts of violation and accompanying sanction

The labor law specified that the enterprise is not allowed to handle acts which are not specified in Internal Labor Regulations. This is understood that if in fact worker commits act of violation but Internal Labor Regulations do not specify, the enterprise does not have basis to handle labor discipline.

Systematizing acts of violation and accompanying form of handling shall be based on occupation, operating scale of enterprise. Therefore, there will not be any similarity on act of violation between enterprises. In addition, act of violation and accompanying sanction shall be built based on position of worker in the enterprise, whereby there will be some errors arising on those holding management position. In fact, in many cases, the enterprise does not have basis to discipline worker because the occurring act has not been specified in the Internal Labor Regulations of company.

3.Has working order in company been specified in Internal Labor Regulations

Order at work is understood as regulations on working time, rest, annual leave, guidelines or procedures to be able to enjoy annual leave, regulations on entering and existing company, regulations on working style… All will need to be specified in detail and according to a specific process. Accordingly, how many days of absence, notification to whom, which department is responsible for receiving and handling… shall be clearly specified in Internal Labor Regulations.

4.Announcing publicly Internal Labor Regulations 

One thing that many enterprises have not noticed to perform is that after Internal Labor Regulations are registered at competent authority, the enterprise shall list and announce to worker. This is to ensure that worker is aware of Internal Labor Regulation and responsibility is to comply.

Building Internal Labor Regulations is necessary to establish and maintain compliance when working in an organization or enterprise. The importance of Internal Labor Regulations is great, because they ensure profession and effectiveness in human resource management and at the same time ensure the rights, interests and safety of worker. Therefore, besides building Internal Labor Regulations, enterprise also needs to notice to content in Internal Regulations to ensure Internal Labor Regulations to handle issues on labor arising at enterprise and minimize disputes of worker individual and enterprise.

Time of writing: 29/03/2023

The article contains general information which is of reference value, in case you want to receive legal opinion on issues you need clarification on, please contact our Lawyer at info@cdlaf.vn.