06/10/2022 14:13

Disputes on unilateral termination of labor contracts and related judgments in Vietnam

Disputes on unilateral termination of labor contracts and related judgments in Vietnam

In the labor contract relationship, either party has the right to unilaterally terminate the contract but must comply with the provisions of Articles 34, 35, and 36 of Vietnam's Labor Code 2019. Otherwise, it will be considered an illegal unilateral termination of the labor contract and forced to pay compensation for expenses as agreed in the contract and in accordance with the law in Vietnam.

Please see below a summary of some judgments related to the unilateral termination of labor contract disputes in Vietnam.

1. Judgment on unilateral termination of labor contract No. 95/2021/LD-PT

- Judgment level: Appellate

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

- Summary: Mr. S and H International Co., Ltd. have signed an indefinite-term labor contract. During the working period, he did not violate the labor regulations. On August 7, 2019, Company H decided to quit his job and did not allow him to come to the company to work. Currently, his salary and insurance have not been paid yet. Therefore, he filed a lawsuit to ask the court to: (1) declare that it is illegal for Company H to unilaterally terminate the labor contract with him; (2) force Company H to accept him back to work; (3) pay salary from July 1, 2019 until the case is resolved; (4) compensation for two months' salary; (5) compensation for damage due to advance notice is 10,384,000 VND; and (6) force the company to pay social insurance and health insurance in accordance with the law.

H International Co., Ltd. to pay salary for July 2019 and salary from August 1, 2019 to August 7, 2019 to Mr. S. H International Co., Ltd. and Mr. Vo Thanh S are responsible for paying social insurance, health insurance, and unemployment insurance in accordance with the law. Request to declare that H International Co., Ltd.'s decision to terminate his job is illegal, unilaterally terminating the labor contract with him; forced H International Company Limited to accept him back to work; forced to pay salary from July 1, 2019 until the case is resolved; compensation for 02 months' salary is 12,000,000 VND; compensation for damage due to advance notice is 10,384,000 VND.

2. Judgment No. 02/2021/LD-PT dated September 9, 2021 on the dispute of unilateral termination of labor contract, payment of unemployment benefits, and damages compensation

- Judgment level: Appellate

- Judicial body: People's Court of Quang Ninh province

- Summary: On August 15, 2020, because Mr. H's mother had an accident and his elderly father was weak and had no one to take care of him, Mr. H wrote a letter of resignation starting from October 1, 2020, and proposed requesting shipbuilding company H to pay a severance allowance. On October 23, 2020, H Shipbuilding Company issued Official Letter No. 620/DTHL-TCCB-LD replying that it did not agree to let Mr. H quit his job. Mr. H disagrees and continues to prepare a notice to be sent to the company announcing the termination of the labor contract on November 1, 2020. However, the company still did not settle Mr. H's resignation because the company was facing difficulties. Moreover, by July 6, 2021, Mr. H reaches retirement age. If the company agrees, it will set a precedent for workers nearing retirement age to apply for severance to receive benefits, which makes it difficult to resolve the economic difficulties and personnel arrangements of the company. Therefore, on November 1, 2020, Mr. H officially quit his job and filed a lawsuit to force H Shipbuilding Company to issue a decision to terminate the labor contract and pay severance allowance, unemployment allowance, and compensation. often mentally damaged and late in paying pensions. "

- Decision: Force Shipbuilding Company H to issue a decision to terminate the labor contract and pay severance allowance and unemployment allowance to Mr.

3. Judgment on unilateral termination of labor contract and compensation for damage and benefits upon termination of labor contract No. 01/2020/LD-PT

- Judgment level: Appellate

- Judicial body: People's Court of Khanh Hoa province

- Summary: "On May 5, 2018, Company B issued two decisions to terminate the labor contract with Ms. Hong: One decision was signed by Ms. Tran Le Q, Senior Human Resources Director, and the other was signed by Ms. Bui Thi T, Deputy General Director of Human Resources. Both of the above decisions have the same number, 269706/2018GXN/Pru, dated 5/5/2018.

Ms. H believes that it is illegal for Company B to issue a decision to terminate her employment contract because, in fact, she did not submit any resignation letter. During 16 years of working at the company, she always completed the assigned and entrusted tasks and did not violate or be disciplined. Every year, her work results are always assessed as effective by her direct manager, and she also receives a certificate of merit from the Insurance Association. "

- Decision: Declare the decision to terminate the labor contract. Company B must compensate Ms. H.

4. Judgment on unilateral termination of labor contract No. 1121/2018/LD-PT

- Judgment level: Appellate

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

- Summary of the case: On March 28, 2016, Ms. H was accepted to work at the Accounting Department of Company T, with a probationary period of 2 months. On April 1, 2016, the Company issued a Decision to appoint her to the position of Head of Finance and Accounting Department. After the probationary period ended, she continued to work for the Company until June 1, 2016, when suddenly the company director asked her to hand over the job and let her quit. On June 4, 2016, the Company sent a notice of termination to her via email with the reason of "not completing the assigned work". During her time at the Company, she always completed the work on time. She believes that Company T's unilaterally terminating the labor contract is not in accordance with the law, so she filed a lawsuit to request the Court to force Company T to accept her back to work due to her unilaterally terminating the contract. sign a labor contract with her in accordance with the law; pay compensation for 2 months' salary; pay wages for days when she is not allowed to work; participate in social insurance, health insurance, and unemployment insurance premiums as prescribed by law. law.

- Decision: Accept a part of Ms. H's request: to force Company T to be responsible for paying compensation to Ms. H for illegally terminating the labor contract unilaterally. The labor contract between Ms. H and Company T terminates on May 28, 2017.

5. Judgment No. 02/2021/LD-ST dated January 25, 2021 on the dispute claiming compensation for damage caused by unilateral termination of the labor contract

- Level of trial: First instance

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

- Summary of the case: At the end of August 2020, Ms. D was verbally informed by the human resources department that she would quit her job on August 31, 2020, but the reason was unknown. On August 31, 2020, company S issued the decision No. 82/QDCDHDDLD/2020 to terminate the labor contract with Ms. Realizing that it was illegal for company S to unilaterally terminate the labor contract with Ms. D, Ms. D filed a lawsuit to request the court to settle: forcing company S to be obliged to pay additional social insurance, health insurance, and life insurance for her; Wages and salary allowances during the days Ms. D is not allowed to work; Compensation for two months' salary; Wage compensation for breach of notice period.

- Decision: Accepting the petition of Ms.

Phuong Uyen
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