Improving the law on labor disciplinary action: Procedures, limitation periods, work suspension, and disciplinary record expungement

This study examines three groups of shortcomings in Vietnam’s current labor law and its practical application concerning labor disciplinary action: procedural imbalance in disciplinary procedures and limitation periods; inadequacies in temporary work suspension; and limitations in disciplinary record expungement and reduction of disciplinary periods. Statutory analysis, selected labor judgments, and comparison with ILO Convention No. 158 and Recommendation No. 166 reveal that even minor procedural errors may invalidate disciplinary decisions, while current limitation rules may be unsuitable for concealed or prolonged violations. Regulations on work suspension and disciplinary record expungement also lack clarity and comprehensive coverage. The study proposes differentiating the legal consequences of procedural violations, revising limitation periods, clarifying suspension safeguards, and expanding mechanisms for disciplinary record expungement.