Criminal liability on illegal dismissal of employment

Tuesday, June 21, 2016 3:05 PM | UTC+7 Viewed: 1142
Enterprises that illegally dismiss their employees can be imprisoned from 3 months to 3 years under the provisions of 2015 Criminal Code.

Criminal liability on illegal dismissal of employment

Not all cases of illegal dismissal of employment will be criminally dealt with, but the following cases:
Dismissal that leads to predicament of the employees and their family or strikes
If enterprises dismiss their employees due to their private interest or personal motives, they will be fined from 10 million to 100 million, subject to suspended sentences up to 1 year, or be imprisoned from 3 months to 1 year under Clause 1 Article 162 of the 2015 Criminal Code.
Dismiss two or more people, pregnant women, those who are raising children under 12 months of age or those who then commit suicide
Any cases of illegal dismissal of employment mentioned above will be fined from 100 to 200 million, subject to suspended sentences up to 1 year, or be imprisoned from 3 months to 1 year under Clause 2 Article 162 of 2015 Criminal Code.
Several shortcomings
In fact, provisions on criminal liability on illegal dismissal of employment took effect on July 1st 2000. However, such provisions in 2000 did not specify in details, which resulted in cumbersome applications. Although new provisions specify more detailed than the earlier ones, some of the contents do not have particular specifications. Typically, which cases should be considered as falling into predicaments. If the consequence of suicide and strikes is taken into consideration for criminal prosecution, a causal relationship between the dismissal and such consequence should be proved. Besides, the law does not specify whether the discipline for dismissing 2 employees is required to apply at the same time or not.
Prevent violations
To avoid the abovementioned legal risks, the enterprises must strictly comply with the regulations on order and procedure when dismissing an employee under the provisions of the labor law.
When the employees violate, enterprises should not make immediate dismissal application but consider and examine thoroughly whether there are any grounds for the dismissal of such acts or not? Whether the discipline is still in statute of limitation or not?
In the process of dismissal, it is necessary to strictly comply with the principle and procedure such as: to have the participation of the representative of the local labor collective organization, to prove the fault of the employees, to make record in writing, etc.
In fact, PLF acknowledged that the rate of illegal dismissal of employment in enterprises is quite high. The main reason might be the human resource department that has not been aware of the provisions on labor, or has not closely complied with the discipline procedures, or lack of inspection and supervision when disciplining employees.
Also, it should be noted that the person who takes criminal responsibility for such illegal dismissal will be the legal representative of the enterprise. Therefore, to avoid the occurrence of unfortunate circumstances, enterprises need to be supported on legal knowledge, consultation, supervision and rigorous inspection on the employee dismissal process.
PLF LAW FIRM


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