Statutory Procedures for Labor Discipline and Lawful Employment Termination

Mitigating Compensation Liabilities from Unlawful Dismissals

In court labor disputes, employers routinely lose cases not because the employee committed no fault, but because the employer failed to comply strictly with labor discipline procedures mandated under Article 122 of the 2019 Labor Code.

1. Mandatory Labor Discipline Principles

• The employer carries the statutory burden of proof to demonstrate employee culpability.
• Must involve the grassroots employee representative organization of which the employee is a member.
• The employee must be present and has the right to defend themselves or be defended by a lawyer or trade union representative.
• Multiple disciplinary measures cannot be imposed for a single violation.

2. 5-Day Meeting Notice Protocol

Employers must send written notice of the time, venue, and agenda to the employee and trade union at least 5 business days prior to the disciplinary meeting. Minutes of the meeting must be fully documented and signed by all attendees.