18/02/2023 14:41

Collection of judgments on salary disputes in Vietnam

Collection of judgments on salary disputes in Vietnam

"I want to find judgments about salary disputes, and I hope that Lawnet can help me with this problem. Thank you!"_Huu Thang (Ha Tinh, Vietnam)

Regarding your question, Lawnet would like to send you the following judgments:

1. Judgment on salary dispute No. 01/2017/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of Thu Thua district, Long An province

- Quote from the content: "On July 15, 2010, Mr. H signed an indefinite-term labor contract with Joint Stock Company B as a manager. The agreed salary is 4,000,000 VND/month in cash. By December 2011, between him and the company, there was a verbal agreement to change the labor contract, with a salary of 10,000,000 VND. However, every month, he worked from 29 to 30 days, plus a meal allowance (after deducting items such as social insurance and rice). His salary was 11,608,346 VND. During the period from December 2011 to December 2014, Joint Stock Company B did not pay him a salary for 36 months. In addition, the company has not paid him 02 months salary with the negotiable salary of 6,000,000 VND/month. The total amount of salary that Joint Stock Company B owes him is VND 432,492,456. He requested Joint Stock Company B set up procedures for him to enjoy the social insurance regime as prescribed."

2. Judgment on salary dispute No. 710/2021/LD-PT

- Level of trial: Appellate

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

- Quote from the content: "In 2012, Mr. T1 contributed capital with Mr. Q to open T restaurant in District 9 under Mr. Q's name during Thien Long's business. Mr. Q has hired Mrs. L to cook for the restaurant; her salary is 8,000,000 VND/month. The two parties did not make a labor contract, only verbally agreed, and no one witnessed the agreement. Ms. L cooked for the restaurant from April 2012 to December 2013. From April 2012 to December 2013, Mr. Q did not pay Ms. L's salary. Because of sisterly affection, Mrs. L did not ask for salary from time to time, but Mr. Q did not pay until December 2013. After that, Mr. Q let Mrs. L quit her job because Mr. Q went to the shop for other people, from December 2013 Ms. L repeatedly asked for her salary but Mr. Q did not pay."

3. Judgment on salary dispute No. 02/2019/LD-PT

- Level of trial: Appellate

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

- Quoting the content: "H Waterway Construction Co., Ltd signed a labor contract with Mr. Nguyen Cong K. The contract was signed on March 10, 2015, effective from March 1, 2015, the contract stamped, bordered seal for 02 years, salary 15,000,000 VND/month. In March 2015, the Company and Mr. K signed a total of 03 contracts, including: 1 contract was invalidated because there was no return, at the time of signing the contract The company was not established, the two parties had not liquidated the contract; 1 Labor contract negotiated and agreed upon by the two parties, stamped and sealed; 1 Contract purchased by the Company with handwritten templates to use as a capacity profile when bidding. Mr. K worked from March 10, 2015, to June 10, 2016, then quit, with only two witnesses and no other evidence. During the working process, the company did not pay him a salary; Mr. K had no idea. When Mr. K left, he did not notify the Company because the company did not accept Mr. K. Mr. K did not invest any capital or assets to contribute capital to the company, Mr. K mortgaged the land use rights for the Company to borrow money.'

4. Judgment on salary dispute No. 77/2019/LD-ST

- Level of trial: First instance

- Judicial body: People's Court of Duc Hoa district, Long An province

- Quoting the content: "Mrs. Tr joined HH Sugar Joint Stock Company in 1993, signed an indefinite-term contract with a salary of 12,000,000 VND/month before she stopped working at the company. . During the working period at the Company, Ms. Tr had participated in paying full insurance premiums. But since July 2016, the company has stopped working, but Ms. Tr alone continues to help the director solve the company's backlog work, so Ms. Tr still has a full timesheet until August 31, 2019. Now Ms. Tr requests that HH Sugar Joint Stock Company pay Ms. Tr the following salaries: Salary for working days that have not been received is as follows: salary for January and February 2016 is 8,600,000 VND. The salary from July to November 2016 is 28,682,000 VND. The salary from November 29, 2016 to August 30, 2019 is 396,000,000 VND. The total salary she requested is 433,282,000 VND. Besides that, Ms. Trang has no other request."

5. Judgment on salary dispute No. 1120/2017/LD-PT

- Level of trial: Appellate

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

- Quote from the content: "In 2004, Mr. H joined the Export Joint Stock Company. But on February 10, 2006, Mr. H and the company signed a labor contract with an indefinite term, the job is to drive a bus. On March 15, 2016, Mr. H applied for leave and received benefits related to the Company. However, the Company does not pay the salary for the days that Mr. H has not taken annual leave. On September 7, 2016, Mr. H sent an application to the Department of Labour, Invalids, and Social Affairs to ask for mediation, but the conciliation was unsuccessful. Therefore, Mr. H sued at the Court to request that the Export Joint Stock Company pay wages for the days that he has not taken annual leave. The total amount requested by Mr. H is 10,920,000 VND (56 days of leave x 195,000 VND/day), without requiring the Company to pay interest."

Hua Le Huy
133


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