Abstract

Among the forms of labor discipline, dismissal is the most severe disciplinary measure, as it terminates the employment relationship and directly affects the employee’s employment and income. Vietnamese labor law provides relatively detailed rules on the grounds, principles, time limits, and procedures for imposing dismissal as a disciplinary measure. However, the legal consequences of unlawful disciplinary dismissal are not specifically regulated and are instead addressed indirectly through the employer’s obligations in cases of unlawful unilateral termination of an employment contract. Through an analysis of selected cases in practice, this article identifies several limitations and difficulties in the current legal framework governing the legal consequences of unlawful disciplinary dismissal and proposes recommendations for its improvement.

Keywords: Dismissal, employment contract, labor discipline, legal consequences, unlawful dismissal.