IS A COMPANY REQUIRED TO REGISTER LABOR REGULATIONS?
I. What is a Labor Regulation?
Labor regulations are documents issued by the employer. These regulations stipulate the rules of conduct that employees are required to comply with when engaging in an employment relationship, as well as provisions regarding disciplinary actions, handling procedures, and material responsibilities.
II. Effectiveness of Labor Regulations
As stipulated in Article 121 of the Labor Code 2019, Labor regulations take effect 15 days after the competent state authority, as prescribed in Article 119 of this Code, receives the complete labor regulation registration dossier.
For employers with fewer than 10 employees who issue labor regulations in writing, the effectiveness is determined by the employer as stated in the labor regulations.
III. Are companies required to register labor regulations?
According to Clause 1, Article 118 of the Labor Code 2019:
- Employers must issue labor regulations. If employing 10 or more employees, the labor regulations must be in writing.”
Thus, not all companies are required to register labor regulations. Only companies with 10 or more employees must register their labor regulations with the competent state authority.
Additionally, within 10 days from the date the labor regulations are issued, the employer must submit a registration dossier for the labor regulations to the competent state authority.
IV. Penalties for employers who fail to register labor regulations as required by law
As per Clause 2, Article 19 of Decree No. 12/2022/ND-CP:
- Violations regarding labor discipline and material responsibilities
…
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on employers for the following acts:
- Failing to issue written labor regulations when employing 10 or more employees.
- Failing to register labor regulations as required by law.
- Failing to consult with the grassroots labor representative organization (if such an organization exists) before issuing, amending, or supplementing labor regulations.
- Using labor regulations that are not yet effective or have expired.
- Handling labor discipline or compensation for damages in ways that do not comply with prescribed procedures, orders, or timelines.
- Temporarily suspending employees beyond the legally allowed time frame.
V. About Us, Hankuk Law Firm
■ Hankuk Law Firm – Introduction
The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.
To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.
To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.
■ Contact us now
For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.
■ Contact Hankuk Law Firm
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