If I play cards during break time, is it possible to be dismissed in Vietnam?

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Question date: 24/09/2022

My friend worked at the company, during the break, there was a gambling for 20 thousand then the company discovered, so the company decided to dismiss him. So, is it legal to dismiss when playing cards during break time?

    • According to Article 125 of the 2019 Labor Code, dismissal for disciplinary reasons in Vietnam is as follows:

      An employer may dismiss an employee for disciplinary reasons in the following circumstances:

      1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

      2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

      3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

      4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

      Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

      Thus, based on the above regulations, in case the employee commits gambling within the workplace in Vietnam, the company may discipline the dismissal. Although it is an overtime assessment, because it is a workplace assessment, the company disciplines dismissal was grounded.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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