1. Who is required to register their labor regulations?
According to Article 119 of the 2019 Labor Code , businesses and organizations employing 10 or more workers are required to issue and register their internal labor regulations with the provincial labor management agency where their head office is located. For businesses with fewer than 10 workers, issuing written internal labor regulations is not mandatory and does not require registration.
2. Deadline for registering labor regulations
Deadline for submitting registration documents: Within 10 working days from the date of issuance of the labor regulations, the employer must submit the registration documents to the competent labor management agency.
3. Documents for registering labor regulations
According to Article 120 of the 2019 Labor Code, the registration dossier includes:
- Document requesting registration of labor regulations.
- The labor regulations have been issued.
- Minutes of consultations with the employee representative organization (if any).
- Applications can be submitted directly or through the online public service system at the provincial labor management agency where the head office is located.
4. Procedures for registering labor regulations
The procedure for registering labor regulations includes the following steps:
Step 1: Consult with the employee representative organization.
Employers must consult with the employee representative organization at the workplace (if any) before issuing internal regulations. This process should be documented in writing to serve as evidence.
Step 2: Prepare and submit your application.
Within 7 working days from the date of receiving the labor regulations registration dossier, if the content of the labor regulations contains provisions contrary to the law, the provincial labor management agency where the head office is located shall notify and guide the employer to amend, supplement, and re-register the regulations.
Step 3: Receive results from the regulatory agency.
If the application is valid, the agency will issue a notice of registration of the labor regulations. The labor regulations take effect 15 days after the date the competent state agency specified in Article 119 of this Code receives the complete application for registration of the labor regulations.
Step 4: Disseminate labor regulations.
Labor regulations must be communicated to employees, and the main contents must be posted in necessary locations at the workplace.
3. Main contents of the labor regulations
According to Article 118 of the 2019 Labor Code , internal labor regulations must include the following mandatory contents:
- Working hours and rest periods: Regulations regarding working hours, breaks between shifts, weekly days off, holidays, and annual leave.
- Workplace order: Rules of conduct and discipline that must be followed during the work process.
- Occupational safety and health: Regulations to ensure the health and safety of workers.
- Preventing and combating sexual harassment: Regulations on prohibited behaviors and measures for handling violations.
- Protecting assets and trade secrets, technology: Regulations for protecting the assets and information of businesses.
- Labor discipline violations and disciplinary measures: Actions considered violations (e.g., tardiness, non-compliance with regulations) and disciplinary measures (reprimand, delay in salary increase, demotion, dismissal).
- Material liability: Regulations concerning compensation for damages caused by violations.
In addition to the mandatory provisions above, businesses may add other regulations that are appropriate to their specific operations, provided they do not violate labor laws and other relevant legal regulations.
4. Some important notes when registering labor regulations.
When registering labor regulations, businesses need to pay attention to the following issues to ensure compliance and avoid legal risks:
