Recruitment and firing are two indispensable things for every human resource management but these require distinct feelings. While recruitment brings joy, firing usually is not very happy, and it even can cause lawsuits that are detrimental to the business. So what is the legal dismissal to avoid litigation? In this article, let's find out with Farovietnam how to illegal fire.
What is the legal fire?
Even if the reason for the dismissal can come from the employee's fault, the legal process of dismissal still requires it to be followed, which can help employees feel service-minded and at the same time avoid harmful misunderstandings that cause unnecessary litigation situations.
A legal process of firing include 3 steps:
- Determining the employee's fault under the dismissal provisions in the Labor Code.
- Conducting a meeting to determine the exact error so that the employee committed to ensure fairness and transparency. At least 5 days before the meeting, the enterprise must send an official notice to the subjects participating in the meeting, obligation of announcement to all members or absence after three times of the announcement. The meeting minutes must be signed by all parties presenting and then sent to the fired employee. The enterprise is required to provide evidence related to the error of that employee and the employee side also is allowed to argue to protect their legitimate interests.
- After completing the procedures related to the remaining benefits (salary, payment of social insurance, etc) of the employee before the dismissal, according to Article 47 of the Labor Code, within 7 days after terminating the labor contract, the enterprise must make full payment of salary and benefits to the employee. For special cases, it can take longer but not more than 30 days.
Allowed cases for fire
Besides some cases of having the consent of the fired employee is required, according to Article 126 of the Labor Code clearly stipulates the cases in which the enterprise is entitled to apply the dismissal, specifically, as following:
- The employee commits theft, gambling, embezzlement, drug use, intentional injury in the workplace or revealing confidential business information, infringing upon intellectual property rights or technological secrets of the enterprise, as well as committing acts of causing serious damage to the property and interests of such employees.
- Personnel who have violated discipline and have been handled by extending the duration for the next salary increase or demotion but they are still re-temporarily in the statute limitation for dealing with the breach of labour discipline.
- The employee voluntarily quits work for 5 cumulative days in a month or 20 cumulative days in a year without a valid reason such as they or their family get sick with a certificate from a competent medical examination and treatment facility, ear, fire.
- The employee is at fault and deserves to be fired without going through a disciplinary meeting
- That personnel directly affects the image and reputation of the business
Hopefully, through this article, businesses will have a comprehensive understanding of the legal dismissal. If businesses require more information in detail about recruitment, consulting, payroll consultant service, etc., please contact our hotline.
