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MAKE COMPANY RULES FOR NEW BUSINESSES

The company's rules are the concretization of regulations that have not been clearly agreed in the labor contract as well as in the provisions of the labor code, which have mandatory value applicable to employees and employers and when labor disputes occur.

1. What are the company rules?

The company's rules are the concretization of regulations that have not been clearly agreed in the labor contract as well as in the provisions of the labor code, which have mandatory value applicable to employees and employers and when labor disputes occur.

Company rules (also known as labor rules) help standardize the behavior and behavior of individuals in organizations and enterprises; is the basis for handling if the employee does not strictly comply with the rules leading to causing damage to organizations and enterprises.

Therefore, the company's rules mean everything to both employees and employers. The rules issued by the company must be specific, detailed and generalize all possible violations. In addition, employees have the responsibility to carefully study the labor regulations to avoid violations of the rules. If the employee feels unreasonable, it is necessary to respond to the employer in order to be able to develop a company regulation suitable for both employees and employers and bring operational efficiency to organizations and businesses.

Labor rules can be written once and used unlimited time. Therefore, the company's 2021 rules will not need to change if neither the employer nor the employee has an opinion on the unreasonableness of the rules.

2.The purpose of company rules

In order to maintain discipline in the guaranteed unit, the enterprise must develop company rules, in which it must fully list all violations and the corresponding form of sanction.

Enterprises are only entitled to disciplinary action if they commit violations specified in the Company's Rules. In particular, there are three forms of disciplinary action: reprimand (oral and/or written); extend the salary increase period for no more than 6 months or dismiss; dismiss.

3. Do companies have to register with state agencies?

According to Clause 1, Article 119 of the Labor Code 2019 effective from January 1, 2021,employers employing 10 or more employees must register their labor regulations at specialized labor agencies of provincial-level People's Committees where employers register their business.

In order to register the company's rules with state agencies, organizations and enterprises, they must prepare dossiers according to the following form:

– The written form requesting the registration of labor regulations as prescribed has filled out all the information as requested, signed by the legal representative and stamped the unit.

– Employer documents relating to labor discipline and material responsibility.

– Minutes of comments of organizations representing employees at the establishment.

– Labor rules.

The company's regulations 2021 will be registered under Article 119 of the Labor Code 2019, specifically as follows:

– From the date of promulgation of the company's regulations, within 10 days, the employer must submit the application for registration of company regulations.

– Within 07 working days from the date of receipt of sufficient dossiers as prescribed, if the contents of the company's regulations are contrary to the provisions of law, the specialized agencies will notify and guide the employer to amend and supplement to re-register.

4.What are the main content of the company?

The company's rules are no strangers to those who have been working at agencies, organizations and enterprises, both in the state or outside the state. Between state agencies and private units, there should be general regulations of the unit to have unity throughout the unit. The contents of the regulations of agencies and enterprises have in common the main contents of the internal documents, usually, the rules in the agency, the enterprise will include the main contents as follows:

Working hours, rest time:

+ Start time of working hours and the end time of the working day.

+ Lunch break time during the day, working time for a week; holidays, holidays, vacations in the year…

For example, the working time is 8 hours a day, in the morning from 8:00 to 12:00, in the afternoon from 12:00 to 17:00, a 1-hour lunch break, 5 days a week.

– Workplace order: Work clothes, manners, manners, travel, compliance with the personnel mobilization of superiors …

For example: Compliance with the prescribed uniform, neat, clean, agile manners; Employees are not allowed to work separately during working hours unless otherwise work-related.

– Occupational safety and hygiene at the workplace: Regulations on protection rules in the process of performing work to avoid unfortunate accidents, ensuring clean hygiene in the working area …

For example, it is forbidden to bring sharp weapons and flammable items into the company; during working hours if there is a need to go out, it is required to notify the time and reasons to the superiors; do not smoke, drink alcohol, snack, gamble on the company premises.

– Protecting assets and business secrets, technological secrets, intellectual property of employers. Some units will require employees to commit to the confidentiality of the business's information to avoid personal profiteering and causing economic losses for the business…

For example, the company's assets may not be carried outside the company's premises without the consent of their superiors; not to disclose the company's secrets to the outside, not to use the assets of other individuals without the owner's consent; Employees must be conscious of saving and protecting the company's common assets.

– Regulations on violations of labor discipline, forms of handling of labor discipline, material responsibilities such as specific provisions on how a certain act will be disciplined, assessing violations, seriousness to give appropriate forms of sanctions.

Currently, the law does not have provisions on the specific corporate regulation form 2021, but the content of the regulation will depend on each agency and unit and there are no rules contrary to the provisions of law.

5. Is it mandatory to notify the implementation of company rules?

The notification of the implementation of company rules is mandatory for all employees, employees … in the company understands the regulations and complies with the regulations, the notification can be made in the form of sending notices directly to employees, emailing or pasting directly at the place of business (workplace).

6.Latest Company Rules Template 2021

The company's rules depend on the will of the employer and have the consent and contribution of the collective representatives of employees and employees. The company's 2021 rules normally retain the main contents as mentioned above and there are differences between different units and businesses.

+ Internal company rules template

Working time and rest

1/ Working hours:

Working time of the week:

Hours: 40 hours per week

Number of days: 05 days

Specific date: Monday to Friday

Working time of the day:

+ Hours: 08 hours/day

+ Morning: From 8:30 to 12:00

+ Afternoon: From 13:00 to 17:30

2/ Rest time:

– Lunch break: From 12:00 to 13:00

Weekly breaks: Saturday and Sunday.

Working time can be adjusted based on job requirements or actual conditions. The adjustment will be communicated to the employee in advance.

In case of the nature of work to work during the holidays and breaks, it will be arranged to take a rotating break at the appropriate time.

Holidays

Employees are entitled to leave work, enjoy the full salary of 10 holidays in the year, specifically:

+ New Year's Day: 01 day (01/01 calendar)

+ Lunar New Year: 05 days (01/01 lunar calendar)

+ Hung Vuong's anniversary: 01 day (10/3 lunar calendar)

+ Victory Day: 01 day (30/4 calendar)

+ International Labor Day: 01 day (01/5 calendar)

+ National Day: 01 day (02/9 calendar).

If the above holidays coincide with the weekly holiday, the employee is entitled to compensation on the next day or according to the arrangement of the Company Director.

Annual leave

1/ Employees who have full 12 months of working at the company are entitled to 12 days of paid leave.

2/ For cases of insufficient years (working less than 12 months):

Take the number of annual holidays plus the number of days of additional leave by seniority (if any), divided by 12 months, multiplied by the actual number of working months of the year to calculate the number of days entitled to annual leave.

The result is a rounding of the number of units, if the decimal part is greater than or equal to 0.5, then round up to 01 unit.

3/ For every 05 years of working at the company, the number of annual holidays is increased by 01 day.

4/ Annual leave schedule:

– Each month the employee is entitled to 01 day off, if not rested, that leave will add up to the following months. Employees can also use a year's leave if it does not affect the work.

When the employee wants to take leave, he/she must apply for permission and obtain the consent of the direct manager or director. If there are any changes affecting the leave schedule, the employee must immediately notify the manager or director. Any change in the number of previously approved days of leave will be subject to the same order of application for leave/approval as the original permission application.

– In cases where 05 days or more are off, the application for permission must be made 02 weeks in advance.

In case of emergency, please take a day off, the employee can notify his superiors by phone before 8 a.m. that morning.

5/ When taking annual leave, if the employee travels by road, rail or waterway with the number of days traveling both to and from 02 days, from the 3rd day onwards is counted additional time to travel outside the annual holiday and is only counted for 01 break in the year.

6/ How to deal with the number of unstopped leave days in the year:

If you haven't used up, these holidays will be transferred to the next year. However, employees must take all their leave before the first quarter of next year, i.e. before March 30 next year.

– Employees who quit their jobs, lose their jobs or for other reasons but have not taken annual leave or have not taken all the annual leave days are paid in cash for non-holiday days.

+ Model of the manufacturer's rules

Manufacturing companies are usually companies with large personnel sizes because the number of workers serving the production line is often very large. Therefore, the promulgation of rules to agree on working time, costumes and behaviors of employees is very necessary. Due to the presence of many personnel, the management is not simple, so the promulgation of clear regulations on violations and forms of handling will help managers easily grasp the situation and quickly solve violation cases.

+ Commercial company rules form

Commercial companies will often provide services to consumers, develop rules, scientific working regulations, seriously will help the company make a good impression on customers and thereby improve the efficiency of the company in the field of business.