In addition to the Labor Contract and the Collective Labor Agreement, Internal Labor Regulations (ILR) are considered the most important documents to detail the contents that enterprises require employees to comply with. However, the reality shows that some enterprises, when drafting the ILR, have omitted a few important provisions or regulations that are sketchy and not feasible when applied in practice. In the following article, we would like to share some points that businesses need to pay attention to in the process of preparing the ILR with the hope that the ILR will be close to the reality of the business but also in accordance with the provisions of the law, ensuring the practical application.
The content of the ILR must not contravene the labor law and relevant provisions of law. The ILRL includes the following main contents:
The above are the mandatory and basic contents that the ILR must be regulated, depending on the individual policies of each enterprise, other provisions may be added that are not contrary to the labor law.
Employers must issue an ILR, whereby:
Before promulgating or amending and supplementing the ILR, the enterprise must consult with the representative organization of employees at the establishment for the place where there is a representative organization of employees at the establishment.
After being issued, the ILR must be sent to each employee representative organization at the facility (if any) and notified to all employees, and at the same time post the main content in necessary places at the workplace.
The validity of the ILR will depend on each type of rule as analyzed above, specifically:
Employee representative organization at the enterprise level is an organization established on a voluntary basis by employees at an employer for the purpose of protecting the lawful and legitimate rights and interests of employees in labor relations through collective bargaining or other forms as prescribed by labor law.
Representative organization of employees includes:
Failure to register the ILR in accordance with regulations may result in administrative penalties being considered.
The article is based on applicable law at the time noted as above and may no longer be appropriate at the time the reader approaches this article as the applicable law has changed and the specific case that the reader wishes to apply. Therefore, the article is only for reference.