SB Law was involved in protecting legitimate rights and interests of an employee in the dispute with her company regarding illegal form of labour disciplinary: dismissal

Nội dung bài viết

SB Law was involved in protecting the legitimate rights and interests of the Client, Ms. L, an employee of  Company R, in a dispute arising from the disciplinary decision of Company R, a business established and operating in Ho Chi Minh city, Vietnam.

Particularly, on July 1, 2019  Ms. L and Company R had signed a two-year labor contract. During her employment, Company R initiated disciplinary proceedings against Ms. L for the alleged act of “embezzling, providing or receiving personal benefit in any form that causes damage to the company with a value of at least 2 million Vietnamese dong”, as this accusation stemmed from the company claims in which Ms. L's purported failure to accurately submit receipts or invoices related to her use of Company R's vouchers and cash.

Consequently, on December 24, 2020, Company R issued a decision dismissing Ms. L and terminating her labor contract with the company.

Finding that Company R’s decision was unfair, Ms. L filed a lawsuit against the company at the People’s Court of District 1, Ho Chi Minh city, with the following claims: to reinstate  Ms. L under the terms labor contract, to pay her wage, social insurance, and health insurance for the period which she was not allowed to work, and to pay Ms. L an additional amount of at least equal to 2 months wage, plus an amount corresponding to 1 month’s wage for violating regulations on the advance notice of contract termination period, in the event of non-reinstatement, in addition to the aforementioned amount, the company shall pay the Client the severance allowance and additional compensation equivalent to at least 2 months wage.

Upon receiving Ms. L’s request  for service, Lawyers and Legal Executives from SB Law Limited Liability Company carefully examined Company R’s disciplinary decision and found that it was not in compliance with labor law. On such grounds,  the client was provided with  comprehensive legal counsel including: advices on her filing a petition, strengthen methods on the Client’s evidences, and others essential services, beside that, the Lawyers and Legal Executives also involved in the proceedings as the authorized representative and defender of Ms. L’s legitimate rights and interests in compliance with the regulations of procedural law.

SB Law played a vital role in the negotiations and mediations at the court, assisting both parties to reach a mutually agreeable resolution to the dispute. The dispute was resolved by mediation.

Lawyer Ngo Thanh Hung, Lawyer Nguyen Tien Hoa, Legal Executive Dong Khac Tho, and other dedicated staff at SB Law were instrumental in researching the dossiers and diligently carrying out all necessary works as stipulated by law to protect the legitimate rights and interests of the client in this dispute.


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