( 23/02/2023 - Công ty Luật TNHH SLF )
Owing more than 500 million VND in salary, the business suddenly closed and “disappeared”.This makes the collective of workers of Myoung Jin Vietnam Co., Ltd. (Hoc Mon district, Ho Chi Minh City) bewildered. Recently, through the Legal Counseling Center of the Ho Chi Minh City Labor Federation’s advice and guidance, some workers are carrying out procedures to sue businesses in court to claim their rights.
Patience for workers
Mr. Hoang Diep Thanh, a worker of Myoung Jin Vietnam Co., Ltd., said this was the first time they had encountered such a situation. Because legal knowledge is limited, the workers’ collective doesn’t know how to do it. “With the guidance of the center’s officials, we know the process and procedures for initiating lawsuits and are more confident in claiming our rights,” Mr.Thanh said.
Before that, many employees also sought help from the Ho Chi Minh City Labor Federation Legal Consultancy Center for help when starting the lawsuit process and many people have regained their legitimate rights. For example, in the case of Mrs. Nguyen Thi Thao, an office worker of V.S Co., Ltd. (Cu Chi district, Ho Chi Minh City), not long ago. Ms. Thao said that in April 2001, she started working at the company and signed an indefinite–term labor contract
After 19 years of working, although she always completed the work and didn’t violate labor discipline, on April 24, 2020, she received a notice to unilaterally terminate the company’s labor contract. On June 17, the company issued a decision to let Ms. Thao quit on June 15. The reason given by the company is that it is facing difficulties because of the COVID-19 epidemic, forced to shrink production and reorganize labor.
However, Ms. Thao didn’t agree with this decision. According to her, before and after unilaterally terminating the labor contract with her, the company still recruited more workers. Therefore, Ms. Thao complained but wasn’t resolved by the company, so she decided to sue for compensation.
Mr. Duong Van Thuan, an officer of the Ho Chi Minh City Labor Federation Legal Consultancy Center was sent to the trial as a defender of the legitimate rights and interests of the workers. Through meetings and negotiations in court, on August 3, 2022 between the company and the employee, an agreement was reached on the settlement of the case without going through a trial. Accordingly, the company agreed to compensate Ms. Thao 242 million dongs for unilaterally terminating the labor contract against the law.
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