LEGAL ADVICE ON REGISTRATION AND EFFECTIVENESS OF INTERNAL LABOR REGULATIONS

Question:

I heard that enterprises with more than 10 employees are required to register their internal labor regulations. Is this correct, and what is the specific procedure?

 

Legal Advice on Registration and Effectiveness of Internal Labor Regulations

 

Answer:

This information is entirely correct and is clearly stipulated in Article 119 of the 2019 Labor Code. Specifically, any employer with 10 or more employees is required to register their internal labor regulations with the specialized labor authority under the Provincial People’s Committee where the enterprise is registered. In certain cases, depending on actual conditions, the provincial authority may authorize a district-level labor authority to receive such registrations.

 

Regarding the procedure, within 10 days from the date the internal labor regulations are officially issued, the enterprise must submit a registration dossier to the competent authority mentioned above.

After receiving the dossier, if the contents of the internal labor regulations contain provisions that are contrary to the law, the authority will notify and guide the enterprise to amend or supplement them within 7 working days.

As for the effective date, the internal labor regulations of enterprises employing more than 10 employees will take legal effect 15 days after the competent authority receives a complete and valid registration dossier in accordance with the law.

For enterprises with multiple branches or production facilities located in different areas, the employer must send the registered internal labor regulations to the local labor authorities where such branches are located to ensure consistent management and enforcement.