Collection of judgments on disputes over annual leaves and commission in Vietnam

Hello, Lawnet would like to send you some judgments on disputes over annual leaves and commission as follows:

1. Judgment on dispute over annual leaves No. 01/2022/LD-PT

- Level of trial: Appellate

- Judicial body: People's Court of Dong Nai province.

- Quoted content: "But for Ms. C's remaining annual leave from 2008 to 2015, the Company has not fully paid her, specifically, the number of leave days in each year left by Ms. C is: In 2008, the remaining 7 days of leave were: in 2009, there were 6 remaining permits; in 2010 there were remaining 9 days of leave; in 2011 there were remaining 8 days of leave; in 2012 there were remaining 6 days of leave; in 2013 there were remaining 10 days of leave; in 2014 there were remaining 11 days of leave; in 2015, there were 8 days remaining. The total number of days left on Ms. C's unpaid leave is 65. Ms. C filed a lawsuit to request that company V pay cash payments for the days that she has not yet taken annual leave."

2. Judgment on labor discipline disputes in the form of dismissal, annual leave, commission, allowance, social insurance, health insurance No. 17/2018/LD-PT

- Level of trial: Appellate

- Judicial body: People's Court of Dong Nai province.

- Quoted content: "For the request to pay annual leave (annual leave): Article 111 of the Labor Code stipulates: "An employee who has worked for a full 12 months for an employer is entitled to 12 days of leave/year..." . Mr. T joined the labor force from May 2013 to November 2013, when the defendant stated that he had fully paid Mr. T. At the trial, Ms. T determined that there was no dispute during the above time, so she did not consider it. Only request to pay annual leave (annual leave) from 12/2013 to 01/2017; it is found that Mr. T was illegally fired, so it is necessary to force defendant T Co to pay this leave regime for Mr. T who does not work at the company, specifically 12 working days per year with salary:..."

3. Judgment on commission dispute No. 43/2021/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of Tan Binh district, Ho Chi Minh City.

- Quoted content: "According to Clause 1, Article 2 of the Decision on severance settlement No. 2389 dated September 22, 2020 and Clause 4, Article 1 of the Minutes of agreement on termination of the labor contract dated September 18, 2020, The company has committed until the end of October 28, 2020, if the company has commissiones (if any) for all employees of the company, I still enjoy it. From October 23 to 25, 2020, the company organized a trip to Phan Thiet but I did not enjoy it. I have contacted the company many times to resolve the case and even brought the case to mediation at the People's Committee of Tan Binh District, but to no avail. Therefore, I filed a lawsuit asking the Court to force the company to pay me this commission."

4. Judgment 216/2020/LD-PT dated April 7, 2020 on the commission dispute

- Level of trial: Appellate

- Judicial body: Ho Chi Minh City People's Court.

- Quoted content: "On May 11, 2015, Mr. H – General Director of TTE Company signed a Decision No. 003-2015/TT on the commission payment system in 2015. Basic content: Beneficiaries will start to be charged a sales commission when individual actual sales reach 80% or more of personal committed sales (according to Section II.1/page 2/2 – commission Principles for sales engineers in 2015). After the end of the fiscal year from April 1, 2015, to the end of March 31, 2016, Mr. D's personal sales achieved 133.9% (a detailed table of contract values is attached by all departments, including the Head of Accounting Department). For the above sales, Mr. D is rewarded with VND 52,200,000 (Fifty two million two hundred thousand VND) according to the commission calculation formula in Section II.2/page 2/6 of Decision No. 003- 2015/TT on commission payment in 2015."

5. Judgment 47/2017/LD-ST dated July 24, 2017 on the dispute of unilateral termination of labor contract and claim of commission

- Level of trial: First instance

- Judicial body: People's Court of Tan Binh district, Ho Chi Minh City.

- Quoted content: "On February 24, 2017, the plaintiff filed a lawsuit about unilateral termination of the labor contract, and on April 26, 2017, she filed an additional lawsuit requesting the return of the deducted commissiones of December 2016 and January 2017 . On April 10, 2017, the labor mediator of the Tan Binh District Labor Confederation made a record of conciliation of the labor dispute, and the two sides failed to conciliate. Pursuant to the provisions at Point a, Clause 1, Clause 5, Article 32 of the Civil Procedure Code 2015, "The plaintiff's claim is eligible to initiate a lawsuit, and the disputed legal relationship is to unilaterally terminate the labor contract and claim a commission."

6. Judgment on salary and commission disputes No. 03/2021/LD-PT

- Level of trial: Appellate

- Judicial body: People's Court of Tien Giang province.

- Quoted content: "For the commission amount according to the June 2020 sales, Mr. M asked the company to pay VND 15,000,000, the Company did not agree, and the first instance court forced the Company to pay the amount of VND 9,080,000. Considering that there is no labor contract between Mr. M and the Company, there is no clear regulation on how the salary and commission will be implemented. Based on the collected documents in the file, it is found that, according to the job description that Mr. M must work for the Company (Pen Luc 02), the person controlling Mr. M is Mr. Khuong Van Binh, regarding working conditions and other support regimes according to the Company's policy."

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Key word: annual leave | commission | allowance | in Vietnam | disputes |

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