In what court should employees initiate lawsuits for illegal dismissal by their company in Vietnam? Does insulting other employees in company lead to dismissal in Vietnam?

In what court should employees initiate lawsuits for illegal dismissal by their company in Vietnam?

In case an employee is illegally fired by the company, which court should he sue in? Thanks for admin's support.

Reply:

Basis for determination: Civil Procedure Code 2015 and Labor Code 2019.

Point a, Clause 1, Article 32 of the 2015 Civil Procedure Code and Point a, Clause 2, Article 219 of the 2019 Labor Code stipulate: labor disputes and labor-related disputes within the jurisdiction of the court

1. Individual labor disputes between employees and their employers shall be settled through mediation by labor mediators, unless the mediation is unsuccessful, the parties do not adhere to the agreements specified in the successful mediation record, or the mediation is not initiated by the labor mediator by the deadline prescribed by labor laws, or the labor dispute is:

a) over a dismissal for disciplinary reasons or unilateral termination of an employment contract;

b) over compensation and allowances upon termination of an employment contract;

c) between a domestic worker and his/her employer;

d) over social insurance in accordance with social insurance laws; over health insurance in accordance with health insurance laws ; over unemployment insurance in accordance with employment laws; over insurance for occupational accidents and occupational disease in accordance with occupational safety and health laws;

dd) over damages between an employee and the organization that dispatches the employee to work overseas under a contract;

e) between the outsourced worker and the client enterprise.

1a. In case both parties agree to bring an individual labor dispute to a Labor Arbitration Council but an arbitral tribunal is not established by the deadline prescribed by labor laws, the arbitral tribunal does not issue a decision on dispute settlement or a party does not adhere to the decision issued by the arbitral tribunal, the dispute may be brought to Court.1b. In case a right-based collective labor dispute has been undertaken by a labor mediator but the mediation is unsuccessful, a party does not adhere to the successful mediation record, or the mediation is not initiated by the labor mediator by the deadline prescribed by labor laws, the dispute may be brought to Court.

1c. In case both parties agree to bring a right-based collective labor dispute to a Labor Arbitration Council but an arbitral tribunal is not established by the deadline prescribed by labor laws, the arbitral tribunal does not issue a decision on dispute settlement or a party does not adhere to the decision issued by the arbitral tribunal, the dispute may be brought to Court.

Point c Clause 1 Article 35 of the 2015 Civil Procedure Code:

1. People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

c) Labor disputes prescribed in Article 32 of this Code.

...

Point a Clause 1 Article 39 of the 2015 Civil Procedure Code:

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

...

Thus, from the above regulations in Vietnam, in case an employee is disciplined by the company in the form of illegal dismissal, the employee shall sue at the district People's Court where the company is headquartered.

In what court should employees initiate lawsuits for illegal dismissal by their company in Vietnam? Does insulting other employees in company lead to dismissal in Vietnam? (Image from the Internet)

Does insulting other employees in company lead to dismissal in Vietnam?

Let me ask, if employees insult other employees in the company, will they be fired?

Reply:

Article 125 of the 2019 Labor Code stipulates: Dismissal for disciplinary reasons

An employer may dismiss an employee for disciplinary reasons in the following circumstances:

1. The employee commits an act of theft, embezzlement, gambling, deliberate infliction of injuries or uses drug at the workplace;

2. The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;

3. The employee repeats a violation which was disciplined by deferment of pay rise or demotion and has not been absolved. A repeated violation means a violation which was disciplined and is repeated before it is absolved in accordance with Article 126 of this Code.

4. The employee fails to go to work for a total period of 05 days in 30 days, or for a total period of 20 days in 365 days from the first day he/she fails to go to work without acceptable excuses.

Justified reasons include natural disasters, fires; the employee or his/her family member suffers from illness with a certification by a competent health facility; and other reasons as stipulated in the internal labor regulations.

Thus, based on this regulation in Vietnam, acts of insulting other employees are not grounds for the employer to apply dismissal. Therefore, company employees who insult other employees will not be fired.

If employees violate the rules, can their company deduct their salary in Vietnam?

I was late 3 days a month, sometimes 15 minutes late, sometimes 10 minutes late, and the latest time was 30 minutes. At the end of the month, the accountant deducted and told me that half a day's salary was deducted because I was late for 3 days in violation of the company's working hours rules, is that correct? I have never seen anyone's salary deducted like that.

Reply:

Pursuant to the provisions of Article 102 of the 2019 Labor Code:

1. An employer shall have the right to deduct from an employee’s salary only for the compensation for the damage to the employer’s equipment and assets in accordance with Article 129 of this Labor Code.

2. The employee has the right to be aware of the reasons for the deduction.

3. Any monthly deduction shall not exceed 30% of the net monthly salary of the employee, after the payment of compulsory social insurance, health insurance, unemployment insurance premiums and personal income tax.

Thus, according to this regulation in Vietnam, violating the company's working hours regulations is not considered a reason for the company to deduct the employee's salary. Therefore, the company's accountant automatically deducting your salary and then notifying you of the deduction due to lateness is not in accordance with the law.

In this case, you can work again with the accounting department or complain directly to the company director to have it resolved to protect your rights.

Best regards!